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HomeMy WebLinkAbout12021999 PZ CITY OF SEBASTIAN LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MEETING OF DECEMBER 2, 1999 Chairman Schulke called the meeting to order at 8:17 P.M. ROLL CALL: PRESENT: Mr. Evely(a) Mr. Mahoney(a) Ms. Vesia Mr. Gerhold Chmn. Schulke Mr. O'Donnell ALSO PRESENT: Tracy Hess, Planning and Growth Management Director Jan King, Planning and Growth Management Manager Ann Breck, Recording Secretary Mr. Hess referred to Article VI. He commented that after reviewing Article V, it was necessary to go back and make some adjustments to Article VI. There were a couple of typographical errors corrected. It was clarified that the date of the most recent edition should be 11/22/99. Mr. Hess noted that a couple of uses, such as Airport conditional uses, would benefit from being able to add conditions in the future, when appropriate, because there are such a wide range of uses. He also commented that the City Attorney has agreed that this would be an appropriate action, and proper wording muSt be included in the LDC to that effect. During discussion, Mr. Hess indicated that with FAA being involved at the airport, their regulations change all the time, and this allows maneuverability for the City. There was discussion on mini-storage and seE-storage, which have been combined under mini-storage. Mr. Hess explained this use, Mr. Hess then suggested that the right to add future conditions has been added to conditional uses: Commercial uses > greater than 5,000, greater than 10,000, & greater than 20,000 sq. ft.. Other examples were cited, and he noted that at time of site plan approval, staff could recommend additional conditions which would be reviewed by Planning and Zoning, then presented to City Council for their consideration. He also noted that minimum code requirements must first be met before additional conditions would be added. It was determined that the next LPA meeting will be December 13, 1999 at 3:00 P.M. to discuss Article VII. Chmn. Schulke suggested that the City Engineer be more inv..oJy~ical aspect of the LDC . Mr. Hess responded that she w.'~~ management and subdivision criteria for site improve~will...._. _ ask for her review in other areas. ',..._.~u ~' _~5~__...D~, ~:"--"-~' ('~ ~RO!~ AppROYED ~- APP LOCAL PLANNING AGENCY (P & Z COMMISSION) WORKSHOP MEETING OF DECEMBER 2, 1999 Chmn. Schulke commented that the City Engineer's expertise would be valuable for issues such as parking lot requirements, among other things. Mr. Mahoney brought up the subject of a loud concert that was very recently held at a local church. He noted that the City code contains technical requirements for measuring excessive sound, but a Code Enforcement officer noted that the City does not own any equipment to perform this function. Mr. Hass noted that enforcement of certain well-written procedures in the code is very difficUlt because of a lack of equipment, and on the other hand, some enforcement issues have no procedures. On page VI-9, there was discussion of the lot size and zoning district for guest houses. it was suggested that the lot size be changed to 22,000 sq. ft., and the zoning district remain RS-20. Mr. Hass indicated that conditions have not yet been listed for Foster Care and Group Homes, but research is ongoing. Chmn. Schulke adjourned the meeting at 8:51 P.M. (12/7/99 AB) CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 2, 1999 (This meeting was voice broadcast over Falcon Cable TV Channel 35.) Chairman Schulke called the meeting to order at 7:05 P.M. ~ PRESENT: Mr. Mahoney(a) Ms. Vesia Chmn. Schulke Mr. Evely(a) Mr. Gerhold Mr. O'Donnell RESIGNATIONS PENDING: Scott Mathis and Chuck Barrett ALSO PRESENT: Tracy Hass, Planning and Growth Mgmt., Director Jan King, Planning and Growth Mgmt. Manager Ann Brack, Recording Secretary Councilman Bishop ANNOUNCEMENTS: Chmn, Schulke announced that Mr, Evely(a) and Mr. Mahoney(a) will tonight in place of absent members. He then welcomed Mr. O'Donnell, who is filling Mr. Mather's position. APPROVAL OF MINUTES;, (LPA 11/15/99 and 11/22/99) both be voting MOTION by Vesia/Gerhold I make a motion that we approve the minutes of the LPA of November 15th, 1999. A voice vote was taken. 6 - 0 motion carried. MOTION by Evely(a)/Vesia I recommend we accept the approval of the minutes for 11, A voice vote was taken. 6 - 0 motion carried. PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF DECEMBER 2, 1999 OLD BUSINESS: A. QUASI-JUDiCiAL HEARING - Recommendation to City Council - Modification to Preliminary Plat - Sebastian Lakes PUD - Rear setback. At this point, Chmn. Schulke declared a conflict of interest as he is representing the applicant, He turned the gavel over to Mr. Mahoney(a) as acting Chairman. Mr. Mahoney read the procedures for a quasi-judicial headng. He then opened the hearing. Mr. Joseph Schulke, Knight and McGuire & Assoc., Vere Beach, Florida was present representing the applicant. Mr. Schulke, Tracy Hass, and Jan King were sworn in at 7:11 P.M. by the Acting Chairman. Mr. Schulke gave a presentation on the request to reduce the rear setback from thirty (30) ff., to twenty-five (25) ft, to accommodate the vadous models that GHO builds. He noted that this has become necessary because of the curvature of most of the streets in this PUD. No ex parte communications were reported. Tracy Hass gave staff presentation and recommended approval. He noted that the Board of Adjustment had already grented a waiver on this same request for Lot 50 in order that the builder could proceed with his model home without further delay. Mr. Hass then explained that if this modification is approved, it will affect the setbacks on all of the lots in the subdivision. There was discussion on the procedure for a modification to a Preliminary Plat. Mr. Mahoney(a) opened and closed the public hearing at 7:21 P.M., as there were no proponents or opponents present. MOTION by Gerhold/Evely(a) I make a recommendation that we approve the modifications to the Preliminary Plat for to Sebastian Lakes PUD to reduce the rear yard setbacks from thirty (30) feet to twenty-five (25) feet. Roll call: Ms. Vesia Mr. Gerhold Mr. Evely(a) The vote was 5 - 0. Motion carded. - yes Mr. Mahoney(a) - yes - yes Mr. O'Donnell - yes - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 2, 1999 Chmn. $chulke thanked Mr. Mahoney(a) for leading the Commission through the previous issue. NEW BUSINESS: B. QUASI-JUDICiAL HEARING - Home Occupational License - 825 Bailey Drive - Harry Marshall - Tax Preparation Service No ex parte communications were reported. Mr. Marshall was present and was sworn in by the Chairman at 7:25 P.M. Mr. Marshall proceeded to give presentation and noted that he will be sub-contracting out to other accounting firms that may have more tax business than they need, and he would pick up the records at their offices, He stated that he has read the regulations, he understands the regulations, and he understands that the purpose of these regulations is to maintain the integrity of the residence. Jan King gave staff presentation and recommended approval. There were twenty-two (22) notices of hearing sent, and there were no objection or non- objection letters received. Chmn. Schulke opened and closed the public headng at 7:30 P.M., as there ware no proponents or opponents. MOTION by VesiaJEvely(a) I make a motion that we approve the Home Occupational license for Harry J. Marshall as the Tax Authority, Incorporated at 825 Bailey Ddve. Roll call: Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Evely(a) - yes Mr. O'Donnell - yes Mr. Gerhold - yes Chmn. Schulke - yes The vote was 6-0. Motion carried. C. QUASI-JUDICIAL HEARING - Recommendation to City Council- Request for Waiver of signage requirements, Riverfront Overlay District - Key West Inn, 1580 U.S. Highway #1 No ex parte communications were reported. Mr. Mickey Capp with the Key West Inn was present representing the applicant and was sworn in by the Chairman at 7:37 P.M. Mr. Capp gave a presentation and commented that this an attempt to clean up the signage at the subject property. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 2, 1999 Tracy Hass gave staff presentation and noted that there are actually three (3) waivers that are being requestad in this application - (1) overall height of signage, (2) monument portion of sign, or supporting structure of the monument, and (3) wall signage. He indicated that the inclusion of the Key West logo at. the top of these signs cause them to go over the height limit for the Riverfront District. He also noted that the applicant has indicated that the proposed signage would be an improvement over the billboard size sign that is allowable in the current Riverfront ordinance at ten (10) feat by twenty (20) feet long. He indicated that the allowable signage space is about 160 sq. ft.. He then proceeded to give the calculations in this district. Mr. Hass noted that this proposal was presented to the City Manager and to staff, who are in favor and would recommend approval to City Council. There was discussion about the placement of the hedge plants in relation to the signage. M~'. Gerhold asked if any applicants have already been turned down with a similar request. Mr. Hass indicated that he didn't think any applications had actually been denied, because most applicants conformed when the requirements were explained to them. The subject of "precedence" was discussed. The subjects of logo and marketing were also mentioned in connection with the height of the landscaping hedge around the base of the monument sign. Mr. Capp noted that the grade changes in this area along U.S. #1 which will make the sign appear lower from the roadway. Mr. Evely commented that it seems this would be a good trade-off to get rid of the large billboard sign already on site. There was further discussion on the calculations for determining signage area for properties that have two road frontages. Chmn. Schulke opened and closed the public headng at 7:49 P.M., as there ware no proponents or opponents. Mr. Hass noted that staff recommends approval to City Council for this request. MOTION by Evely/Vesia I make a motion we recommend to City Council approval of the waiver for signage in the Riverfront District for the Key West Inn, 1580 U.S. 1. Roll call: Mr. Mahoney(a) - yes Mr. Evely(a) - yes Ms. Vesia - yes Mr. Gerhold - no Chmn. Schulke - yes Mr. O'Donnell - yes The vote was 5 - 1. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 2, 1999 At this point, item D. of the agenda was moved from this agenda to a separate meeting after the regular meeting is adjourned. CHAIRMAN MATTERS: Chmn. Schulke announced that Mr. Pliska was removed from the P & Z Commission by City Council at their 12/1/99. MEMBERS MATTI~.RS: Mr. Mahoney spoke of Home Occupational licenses in Park Place. it was noted that a solution to this problem is forthcoming. DIRECTOR MATTERS: Mr. Hass noted that the Home Occupational license for Mr. Roddguez in San Sebastian Springs has been denied by the owners of this subdivision. He noted that this denial does not involve the City, as deed restrictions are a independent from City regulations, and the subdivision owners informed the City as a courtesy. He then noted that Cumberland Farms store on CR 512, have applied for a minor modification to the site and he explained the changes. He noted that this modification was reviewed by the County, by the City Planning and Growth Mgmt. Dept. and City Engineering Dept, and they recommend approval. The issues of dumpster placement, possibility of additional storage tank, ingress and egress from/to Barber St., stubout to alley and paving of a section of the alley, improvement of traffic flow on this site, and distance of fuel pumps from the building was discussed. Chmn. Schulke adjourned the meeting at 8:04 P. M. FORM 8B MEMORANDUM OF -VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL -PUBLIC OFFICERS LASTNAME-FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE •/,ter,'`/ C�t/ t L /ai✓�'✓!^'�7 Q'v % Zp�iiL MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: L y -CITY ' ' COUNTY t! OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: DAT IVOTE E ON WHICH OCCURRED MY POSITION IS: .. ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local Ievel of government on an appointed or elected board, council, commission, authority, or committees It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3943, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH S�ThLE VOTE WILL BE TAKEN: ,a should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1- IRM 9B In.% PAGE I IF YOU MAKE NO ATTEMPT TO- INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mint of the -meeting, who should incbrpbrate the form in the minutes. - DISCLOSURE OF STATE OFFICER'S INTEREST hereby disclose that on 19: (a) A measure came or will come before my agency which (check one) / inured to my special private gain; or y inured to the special gain of 47�/o by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 4 25000" r ��U/Tl� r ��S�G. ��ULJ G✓,C,/O ,� CGbvS�G��T Date Filed <igmrture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88 - 10.86 PAGE 2