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Home My WebLink About06012000 PZ s pLANt41NG AND ZONINg. ~v,,, - - MINUTES OF REGU~R MEETING jU~E t, 2000 This meeting is being voice broadcast over Cha~er Communications cable ~ Channel 35. V~ce Chairman Mather catted the meeting to o~de[ ~t 7:04 p ~he pledge o~ N~egiance was said. ~r. MahoneY ~ pRESENt; M~. O, Oonne~ ~. Chron. Schul~e Ms. Vesia VC Mather Ms. carbeno[a~ M~. smith(a~ EXCUSED ABsENCe: M~. Ge~hOtd anagement o~ectOr s , G~o~h M Manage~ TracY Ha ~.n~h Management ALSO pREsENt: Jan Kin~, ~_'~ih, A~omeY . Rich stnn~e~'..~ino Secretar~ He announced that Jean CarbanO{a~ wilt be ~ tale. burke apOlogized ~or being Chron. Sc .... ~ . Gerhoid. voting in ptac~ ~- Mr Mo~tON by Barre~Mather ~ recommend aPPr°Va~ of the minutes o~ MaY 18th' 2000. A voice vote was taken. 7 - 0 motion carried, t use permit _ condtt~ona ha~er SchoOl ~hesser's Ga~ r~ , . ~ resear~hmg.the~ the Chesser _ ._ voiced ~ts u~ r the CtW ~ y~..~ ode to be A~. 5tn.gar__ · 'chat us~ un~ ..... ~ance m u,~ c ~e noted that u,,= ---, COMM sS O recommended one quaSi-iudicial heating for the three issues, and to conditional use separate motiOnS. Chron. Schutke rearranged the items on the agenda as fotloWS: A. 'an Chaffer junior High it. B Pre~imina~ plat, C. Site ptan RevieW, the SebaSt~. _.._ ~.. preliminaW perm . · ., ,~sueS surrOUnding (3~ motions tot ~? ~~ ~ ta's note' Since a~ ,~ e W ' [ e same time, the three ~ on me ~' .... · {S~Cr ... iscussed at ~h _. , ..... .- made under School w~e~ t. Use pe[m~t w~.~ plat, and Gond,t~onal No expaffe communications were reposed. A~, Stringer explained the quaSi,)udicial procedure. Mr. Ken MoskOwi~ for SebaStian Chaffer junior High was present and was sworn in by the Chairman at 7:12 pm. He gave a presentati°n' explained some misconceptions, and responded to other issues from Mr. AshCrOff's petition and le~er. Associates was present as the engineer of record for · he Chairman at 7:19 ~m. Mr. Mosby ~eferred ..... worn ~n by ~ ~-~-d al~ of wh ...... *~n about the Mr. Randy Mosby of Mosby & ~ch took place stnce the .... ~n pUD, an~ ~,~-~t orope~ purCn~'~ techmcat int°r~,~'~.n Fleming to a ne~ s,t~,~; on MaY 18, z~u.,~,~ instatted wn~- ,"~ a ~--t P & Z m~e[~,;~ ...,. si~eWa~ w,,, -- SchoO~ is entering into developer's '~- ~ ,~icate~ u,~ .... of the over-alt Sebastian site ano ,-~ He also noted that this Cha~er Street is instatied. agreement to run a 12 inch water main to increase the capaCiW area water system. TracY HaSS was sworn in by the Chairman at 7:27 pm. . tion about conditionat use criteria and oint, A~Y. Stringer prov~de~_ in~r~ssues to be considered in evaluating the k this P . .,,n ~ weltassever~t°' .... At ..... t a~u~, _s proWS~On~ ~ . · tion. 'rcular drive system and ~-fits of th~s app~Ca .... Ue noted the c~ ..... rover of this site '"~ . ' staff presentation' ".ff recommenae~ ~,,~h~r four en roceed~d ~ ~ ~-to the new ptan: ~t~..~ and condition .., ..... ~racY t~ _~,~. ~ncorOorate~ "' . _,_~ ~. the sta~ ~ .... Sebastian Chaffer the lan~Scap"~ "~; .~ndltions inctUe~u "' Wave Street, ptan with three {3~ ~-- Fleming is constructed to Wave, to the that when sidewalk atong sidewatk from Fleming, atong junior High shall construct a connecting no left turn from Wave · prope~Y. A~. Stringer noted that, in the future, if traffic backups occur, a , lished. -n' issues at this . .~..~ maV be estab ..... , -nd staff on ~a~h nd existing . issiOn memuo.~ ~ issues ot ~e.~,,,~ ~ut oarking eComm tu the · · 'rea-~ - r ~ .... ~h. M Barre~ brou~ P s Ves~a ~nqu~ ,~ ~s Carbano{a). ~. ~.charge of ~olnt... r. _. ~ack thereOf. ~'~ .hanoes, as d~u ";,;..,~.r drive aha u,~ vegetatiOn .~ '*;e aoplicant on u ~ ~'.;..~naces, the eomOtimenteu "' ~.~ne ditch, pa[~-~ - ;po~e about the u~-,, PLANNING AND ZONING COMMISSION MINUTES Of REGULAR MEETING OF JUNE 1, 2000 students from school buses. Mr. Smith commented that the changes in the plan are very nice and asked that no automotive parking take place while students are being discharged from the buses. Mr. Moscowitz agreed. Mr. Mahoney inquired about the makeup of the organization. Mr. Mosby agreed that a hedge will be placed on the north property line, and it will be handled as a condition to approval. Mr. Greg Smith, from the Indian River County School District, was sworn in by the Chairman at 8:27 pm, and gave information on internal spatial requirements. He was not aware of any external per student requirements. There was discussion about a condition being impOsed to require an additional ten (10) parking spaces on the north side of the building prior to construction of Phase II, A break was taken from 8:40 to 8:54 pm, with all members previously present returning. Seventeen people spoke in favor of this Charter School. Richard Van Mele of George St. was sworn in by the Chairman at 9:30 pm, and spoke in favor of a charter school, but opposed the site location. He presented two (2) exhibits - his letter (Exhibit A), and a letter from Mr. Ashcroft, (Exhibit B). He spoke mostly about the traffic situation on Wave Street, He disputed the manner in which the recent traffic count was done. Mr. Ed Gavin of George Street spoke in favor of the Charter School but suggested that Wave Street be straightened to make it a safer street, He noted that Mr, Ashcroft stated that of the 250 signatures on the petition, all residents except 2, who lived within a ~ mile area to the subject site, signed it. In response to the information about the petition, Mr. Moscowitz and staff agreed that many of the signers did not reside in the immediate area of the subject school site. Mr. Moscowitz had responses to other traffic issues. Mr. Greg Smith responded to the comment about school buses on Wave Street, and noted that these buses were never precisely forbidden to use Wave Street, but because there was no need to use this street, the decision was made to use another route, If a need ever arises, school buses could use this street in the future. He read a letter from Mrs. Guyer, Director of Transportation for the Indian River School District, to him on this issue, Atty. Stringer suggested that a condition be included to state that the fifty (50) foot buffer will be maintained under best management practices as part of the stormwater condition, keeping what vegetation as can be maintained, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1, 2000 MOTION by Mather/Barrett I make a motion that we approve a conditional use permit with the six (6) conditions, first being the first three (3) as recommended by staff, except number two (2), instead "existing maintained vegetation", fourth (4th) condition being "Sidewalk be put in when Fleming sidewalk is installed", fifth (5th) is that "A hedge be installed at the north side of the school", and sixth (6th) that "Ten (10) parking spaces will be incorporated in phase II of the plan". Roll call: Ms. Vesia - yes Mr, Barrett - yes Mr. O'Donnell - yes Mr. Mahoney - yes VC Mather - yes Ms. Carbano(a) - yes Chmn. Schulke - yes The vote was 7 - 0. Motion carried, MOTION by MatherNesia I make a motion to recommend to City Council approval of the preliminary plat for Sebastian Charter Junior High School located at Fleming Street and Wave Street in Sebastian Florida. Roll call: Chmn, Schulke - yes Ms. Carbano(a) - yes VC Mather - yes Mr. Mahoney - yes Ms. Vesia - yes Mr. O'Donnell - yes Mr. Barrett - yes The vote was 7 - 0. Motion carried, MOTION by Mather/Carbano(a) I make a motion we recommend to City Council approval of the Sebastian Junior Charter High School site plan per sheets C-land C-2, Chesser's Gap Charter School Paving and Drainage by Mosby & Associates. Roll call: Mr, Barrett - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mahoney - yes Ms, Carbano(a) - yes Mr. O'Donnell o yes VC Mather - yes The vote was 7 - 0. Motion carried. NEW BUSINESS: A. QUASI-JUDICIAL HEARINGS - Home Occupational Licenses: 1. 1168 Clearmont Street - David Ell - Home Inspector 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1, 2000 David Ell was present and was sworn in by the Chairman at 9:52 pm, along with Jan King. He gave a brief presentation. Jan King gave staff presentation and recommended approval. There were twenty (20) notices of hearing sent and there were no objection or non- objection letters received, The Chairman opened and closed the public hearing at 9:54 pm, as there was no public input. MOTION by Vesia/Barrett I make a motion that we approve a home occupational license for Dell Home Inspections, David Ell, at 1168 Clearmont Street. Roll call: Mr, Mahoney - yes Mr. Barrett - yes VC Mather - yes Ms, Carbano(a) . yes Chmn. Schulke - yes Ms. Vesia - yes Mr. O'Donnell - yes The vote was 7 - 0, Motion approved. 2. 99 Joy Haven Dr. - Karyn Bologno - Commerclal/Reeidentlal Cleaning Karyn Bologna was present and was sworn in by the Chairman at 9:55 pm. She gave a brief presentation. Jan King gave staff presentation and recommended approval. The public hearing was opened and closed by the Chairman at 9:57 pm, as there was no public input. There were thirteen (13) notices of hearing sent and no objection or non-objection letters were received, MOTION by Vesia/Barrett I make a motion that we approve a home occupational license for Karyn Bologno at 99 Joy Haven Drive, Roll call: Mr. O'Donnell - yes Mr. Mahoney - yes Chmn. Schulke - yes Mr. Barrett - yes VC Mather - yes Ms. Vesia - yes Ms. Carbano(a) - yes The vote was 7 - 0. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1, 2000 B. ACCESSORY STRUCTURE REVIEWS - Section 20A-5,7.D,7'. 1. 250 Easy Street - R, Calley - 19' 8 X 20 Detached Garage Bob Calley was present and gave a brief presentation, Jan King gave staff presentation, noted a 25' setback from Mango Avenue and 10' from the side property lines. There was discussion about a driveway and culvert and Mr. Calley agreed to take care of it. The height of the garage was discussed and it was determined that with the same pitch as the house, the height would be satisfactory, All other issues seemed satisfactory. MOTION by Barrett/Vesia I'll recommend that we approve Mr. Calley for his detached garage at 250 Easy Street. A voice vote was taken. 7 - 0, motion carried. 2, 1386 Cownle Lane - Cai Builders - 24' X 22' Detached Garage Carl Lachnitt of Cai Builders was present representing the applicant, and gave a brief presentation. jan King gave staff presentation noting that the present driveway will be utilized. Building height was noted. MOTION by Barrett/Vesia I recommend we approve Cai Builders for the detached garage at 1386 Cownie Lane. A voice vote was taken. 7 - 0, motion carried. 3. 413 Fleming Street - L. Moore - 20, x 20, Carport & II,X 24' Garage Mr. Moore withdrew his application and will resubmit it at a later date. C, QUASI-JUDICIAL HEARING - Conditional Uss Permit - G. Williams - 1205 Larkspur Street - Guest House - RE,40 Zoning District Gary Williams was present, was sworn in by the Chairman at 10:08 pm, and gave a brief presentation. Jan King gave staff presentation noting that the applicant has agreed that this unit may not be used for rental purposes. She also noted that a legal document will be recorded PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1,2000 to set forth the limitations on the use of this facility. Staff recommends approval subject to the approval by the City Attorney of the legal document, and recording of it by the applicant, with a copy being provided to the City. Discussion by Commission members. Chmn. Schulke opened and closed the public hearing at 10:12 pm, as there was no public input. Staff recommended approval subject to the previously mentioned condition. (There were thirty-nine [39] notices of hearing sent out and no objection or non-objection letters received.) MOTION by Vesia/Carbano(a) I make a motion we approve Gary Williams for his apartment-home, mother-and- daughter house, at 1205 Larkspur Street. Chmn. Schulke noted that the condition noted in the staff report was Discussion: adopted. Ms. Vesia - yes Mr. Barrett - yes Mr. O'Donnell - yes Mr. Mahoney - yes VC Mather - yes Ms. Carbano(a) - yes Chmn. Schulke - yes Roll call: The vote was 7 - 0. Motion carried. D. QUASI-JUDICIAL HEARING - Site Plan Review - Sembler Aquaculture Facility - Indian River Drive - CWR Zoning District. (A break was taken from 10:15 to 10:25 pm, with all previously present members returning.) MOTION by Mather/Barrett Mr. Chairman, i'd like to make a motion that, due to the hour and so forth, that we do a continuation of this agenda till the next meeting. Discussion: Chmn. Schulke objected since there were a couple of people still waiting for their agenda items to be covered. Mr. Barrett felt the Commission might do a disservice to the applicants as well as the rest of the Board by rushing through. Tracy Hass apologized for not having the packets ready earlier because of unforeseen problems. He also noted that it was not anticipated that it would take three (3) hours to cover the Charter School item. But he noted that these two (2) applicants have waited all evening for their items to be heard. PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OF JUNE 1, 2000 Mr. Barrett removed his second on the motion to allow comments from a trustee of the Eagles, Mr. William Schulke. Mr. Schulke noted the need for this issue to be heard tonight, Mr. Charles Sembler voiced his desire to have his site plan review covered tonight. Atty. Stringer noted other issues that have delayed these two issues in the recent past. There was no second on the motion and it died for lack of support. Mr. Charles Sembler was present and was sworn in by the Chairman at 10:33 pm, and gave a brief presentation on his family's aquaculture business for the last sixteen (16) years on Indian River Drive, and the desire to move it to this new location. Tracy Hass gave staff presentation and recommended approval with the four (4) conditions. Atty. Stringer noted that if the roof pitch is less than 5:12, the roof would need to be screened, or the applicant should obtain a waiver from City Council. He indicated that this could be made a condition of approval, This issue was discussed and it was determined that a dormer would satisfy Section 20A19-5.3.C.1. The applicant agreed to this requirement, and it was added to the conditions in the staff report. After several glowing comments from Commission members, Mr. Sembler commented that the building design was created from old family photographs and knowledge of materials used years ago in construction, in keeping with the "Old Florida Fishing Village" theme for the Sebastian Riverfront, Chmn. Schulke opened and closed the public hearing at 10:52 pm, as there was no public input. Staff recommended approval with the modification to condition ~f4 as entered into the record earlier. MOTION by Barrett/Carbano(a) I'll recommend that we approve the Sembler Aquaculture with the four (4) conditions, condition four (4) being modified, from staff. Roll call: Mr. Mahoney - yes Mr. Barrett - yes VC Mather - yes Ms, Carbano(a) - yes Chmn. Schulke - yes Ms. Vesia - yes Mr, O'Donnell - yes The vote was 7 - 0. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1,2000 E, QUASI-JUDICIAL HEARING - Site Plan Review - Eagles Aerie 4067 Clubhouse - Barber Street Trade Center- IN Zoning District At this point, Chmn. Schulke stepped down because of a conflict, and submitted Form 8B to the Secretary. VC Mather chaired the meeting forthis issue. Joseph Schulke was sworn in by VC Mather at 10:55 pm, and is the engineer of record and applicant. He proceeded to give presentation. Tracy Hass gave staff presentation and noted that overflOw parking is being provided, but the reduction to nine (9) ft. wide spaces will need to be approved by the Commission. Staff recommended approval with the two (2) conditions in the staff report, It was determined that two (2) handicap parking spaces will be required as condition #3. VC Mather opened and closed the public hearing at 11:04 pm, as there was no public input. MOTION by BarrettNesia I'll make a motion that we approve the site plan for the Eagles Aerie 4067 to include the three (3) conditions on the staff report. Roll call: Mr. O'Donnell - yes Mr. Mahoney - yes VC Mather - yes Mr. Barrett - yes Mr. Smith(a) - yes Ms. Vesia - yes Ms. Carbano(a) - yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS: MEMBER'S MATTERS: None Mr. Barrett requested that in the future, when site plans are in the packet, that they be made available the Friday before the meeting. MOTION by MathedBarrett I would like to make a motion that, in the future, if the meeting is to go beyond 10:00 pm, a motion would be required to extend the meeting, and would require a majority vote. Discussion: It was suggested that this motion should be made each year, when officers are elected, with a majority vote being necessary. FORMSB ADDRESS MEMORANDUM OF:.VOTiNG AND OTHER LOCAL i VOTIE C~C-ORRED 0 COlJNTY 0 OTHF~t.O~A,t,~EI~CY This form is for use by any person serving at the county, city, or other local level of coUncil, commission, authority, or committee. It applies equally, to. members of advisory and 'with a voting conflict.of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a moasn~ in' which.you have a conflict of in~ will vary: 8~tly depending, on whether you hold an elective or nppoMtive position. For this reason, p~ pay dose attention to,the,instructions on this form' before complettn~ the reverse side and filing the form. JiN8TRUCTIONS FOR COMPLIANCE WITH 8ECTtON 11~3143, FLOFIIDA.$1'ATUTE~ A person hoidin~:elective or ,ppolntive county, municipal, o,r o .t~.r local public O.f~ M ,U,S,T~,",~N..f~r.? ~ on a mensum .Which inures to his.spe~tl private gain. Each ek~ted or appomted local, off'~er also m prohlbi~d ~.m K~~Votln8 on a Which inures to tl~speehl gain of a principal'(other t.han a .~'~. ,~ a~ney) by. whom'he ~...t~. nsd . .(~!uding the organiznti.0n or sUhekliaty of a corporate principal by whg:h I~ m r~talned); to the spemnl private gain of a ~; or to the speeia~l private lain of a Imsiness associate. Commissionnrs of community redevelopn~nt al~ne~s un~r Sec iK~.3~6 or'. 163.357, F.S., ann ofl'~cers of independent Sl~cial tax districts elected on a one-acre, on~g~ basis are not prohibited from v~ing in that rapacity. For purpos~ of this law, a 'relative" includes only the off'~u,~s.father, mother, son, dnu~hter, father-in-law, mother-in, ~'law, son.in-law, and daughter-in-law. A #business aNNotate" means any person or entity on a enterprise with the off'~r as a partner, joint venturer, eoowner of property, or corporate the. shares of corporation amn0t I~ted on any national or regional'stock exdmn~). ' :- I~~ O~ In addition to abstaining from voting h th, situatiom degrihed above, you mint disclose the conflict: PRIOR TO THE VOTE BEINOTAKEN by publicly statin[ to the assembly the nature of your ~t'in the measure which you are al~tainin~ from votinlg ond '~ WITHIN: !$ DAYS AFTER THE VOTE OCCURS bY completing and f'ding this form with~.-~..:lw~on responsible for m:o~.d~.~...of the meeting, who should incorporate the form in the minutm. ~dthough you m~l~'.abstain from' votlnll M the situations deKri~., &bov~, y?u O~ you must dtsoiose the nature of the c~':bofom makin~ any attempt.to :nflu~ne0 the. whether ~ you or at' your dire~. iNTEND PRIGR you TO MAt<E ANY A'r'rEt PT TO.,mFLUeNCE THE O Cm'iOS TO nSo AT WHICH' VOTEWLL,BE TAKEN: ~ ' ' "- · YoU mwt complete and file this, 'form (before makin~ reo~ing the minutes of the meeting, who will ineorpotnt~ ,, · "::'" 'i ' '¥'I . . · A copy of the form must be provided immedinaly to the otl~'~l~mbers of the a~ency, · The form must be,mad publicly at the ~xt meeting after th~.form is filed. CE FORMBB- 10-91 194GG I