Loading...
HomeMy WebLinkAbout04-18-2019 PZ MinutesCITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES o� APRIL 1S, 2019 1. Call to Order — Chairperson Kautenburg called the meeting to order at 980 P. 2. 2. Pledge of Allegiance was recited by all. C)) C r—.2 m 3. Roll Call C ro Present: Mr. Roth Mr. Reyes 1 E Mr. Simmons (a) Mr. Mauti (a) d E Ms. Kautenburg Mr. Qizilbash C O Mr. Carter Mr. Hughan f0 (� U) Not Present: Mr. Alvarez — Excused C Q C o 0 MCL CX Also Present: Ms. Lisa Frazier, Community Development DirectoCI)N s. Dorri Bosworth, Planner Mr. Jim Stokes, City Attorney Ms. Janet Graham, Technical Writer Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Aaenda Modifications Ms. Kautenburg announced that, since Mr. Alvarez is excused, Mr. Mauti will be voting in his place this evening. Mr. Stokes requested an agenda modification. He asked to have the City Attorney Matters and Staff Matters precede the Commissioners Matters section, as he has some items he wants to review with the commissioners which are relevant to Staff Matters and Commissioners Matters. It was agreed among the commissioners to make that change to the agenda. 5. ADDroval of Minutes A. Regular Meeting of March 21, 2019 Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Hearing none, Ms. Kautenburg called for a motion to accept the Minutes as presented. A motion to accept the Minutes was made by Mr. Carter, seconded by Mr. Hughan, and approved unanimously by voice vote. ir PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 6. Quasi -Judicial and Public Hearinas -- None 7. Unfinished Business -- None 8. Public Input -- None 9. New Business A. Accessory Structure Review -- LCD Section 54-2-7.5 -- 788 Atlantic Terrace -- 952 SF Detached Garage -- Jeffrey & Mary McIntyre Ms. Kautenburg disclosed that she is acquainted with Mr. and Mrs. McIntyre. She has not discussed this matter with the Mclntyres and was unaware of it until she reviewed the agenda packet. Ms. Kautenburg asked for the applicants to present their application. Mr. Jeffrey McIntyre and Mrs. Mary McIntyre appeared, and Mr. McIntyre spoke regarding the matter. His proposed plan is to build a garage in which to store a boat. There is to be no occupancy of the structure. There will be a separate driveway for the structure. Ms. Bosworth stated that, based on the size of the proposed garage -952 square feet— it is required to be reviewed by the Planning and Zoning Commission and match the house exactly. It will be a custom-built garage. There will be framing around the doors to match the trim on the house, painted the same color. This is on a double lot with unity of title. There will be three trees removed in order to construct the garage, and they have already pulled their tree -removal permit. At the time of the final inspection, if there are any additional trees that need to be planted, that will be addressed. It is also required to have some foundation plantings. Thirty plants will be put in around the building. That will also be verified before the certificate of completion is issued. Staff recommends approval. Ms. Kautenburg inquired if any members of the commission had any questions or comments. Mr. Hughan: • Addressed the subject of the swale where the driveway will connect to the roadway and inquired if there will be a culvert. Mr. McIntyre stated yes, it is going to have a culvert. Mr. Roth: PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 • Noted the shingles on the proposed building are a different style than what are on the house. He inquired if the colors and styles of the shingles are going to match. Mr. McIntyre stated they are. He stated they will all be architectural shingles. Mr. Reyes: • Inquired what the proposed 53.1 finished floor set out on the plan is based on. It appears to be a foot lower than the house. Ms. Bosworth stated there will be a difference of a foot in the roof lines, but the appearance will be that they are the same. Mr. Reyes asked what the elevation is in that area. He is concerned that the garage may flood. Mr. McIntyre said that neighborhood is not in a flood zone. Ms. Bosworth stated the elevation at the intersection is 50 feet, and this building will be three feet above that. There being no further discussion, Ms. Kautenburg called for a motion. A motion to approve the 952 -square -foot detached garage at 788 Atlantus Terrace, LDC Section 54- 2-7.5 as submitted, with staffs recommendations, was made by Mr. Roth and seconded by Mr. Hughan. A roll -call vote was called for by Ms. Kautenburg. Roll Call Mr. Hughan -- Yes Mr. Mauti (a) -- Yes Mr. Qizilbash -- Yes Mr. Reyes -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Mr. Roth -- Yes Vote was seven ayes and no nays. Motion carries. 10. Citv Attomev Matters Mr. Stokes addressed the Commission regarding dealing with the agenda on Commission Matters, i.e. what is appropriate for discussion at public meetings and what is not. Many times, pertaining to a number of boards/commissions, questions are being asked and inquiries are being made regarding subjects that are not within the boards'/commissions' jurisdiction. He reiterated that the Planning and Zoning Commission is a very vital part of the City, and the City needs and appreciates their service. He reviewed that City Council is responsible on a broader base for overall policy, planning, and long-range vision, etc. So, at council meetings it is very appropriate for council members to inquire about the status of various projects within the City. That is council's role as being the policy makers PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 for the City; whereas, this commission's role is to evaluate the items that come before them on the agendas and see how those matters fit into the overall picture. He and his staff are working on getting the focus on dealing with items that are on the agendas. He emphasized that the commission can and should address items pertaining to how items on the agenda factor into the larger plan. When the items on the agenda have been addressed and the commission raises questions regarding other matters, that puts staff in a difficult situation because a lot of times some matters are not ready for public consumption yet. He reviewed there are provisions in Florida statutes that allow, especially with economic -development items, to be shielded because of competition. He invited the commission members to call him or staff at any time if they have questions, but to refrain from doing so at public meetings. He also asked if anyone had questions this evening. Mr. Roth: • Asked for clarification, and Mr. Stokes explained how to differentiate between legitimate subjects for discussion at meetings versus idle curiosity. Mr. Stokes stated he is cognizant of the fact that there is not always a distinct line regarding what is and what is not proper to discuss at public meetings. • Inquired whether, instead of calling the staff with questions, are emails to staff permitted as regards the Sunshine Law. Mr. Stokes stated yes. Mr. Reyes: • Stated that, as volunteer commissioners, they get a lot of questions asked from the public especially as regards safety concerns, and he inquired if it is not proper for the commission members to inquire about those projects. Mr. Stokes stated the questions Mr. Reyes asked regarding the elevations when tonight's proposed garage project was discussed were perfectly appropriate. But he further stated that there are various departments within the City to address such matters as code enforcement, building permits, etc., and this commission should not get involved with matters that are under the jurisdiction of those departments. He stated if one of the commissioners notices something in the City that is not in accordance with a project that came before Planning and Zoning in the past, they should call him or staff and inform them, so that the matter can be dealt with immediately rather than waiting until the next commission meeting. Mr. Carter: PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 • Brought up a project that was reviewed by the commission and was started. Then it was stopped. He inquired if it is an appropriate question to ask about the status of those projects that stop for reasons such as financial, etc. Mr. Stokes replied it is not improper to ask questions regarding these projects, just not during a formal public meeting. Mr. Reyes: • Stated he has been on this commission far almost 10 years, and he is questioning why this is being brought up now. He reviewed that the members of this commission have been asking these kinds of questions for years. He questioned why the City allowed this to go on for so long. He is not happy about it. • Stated that most of the time the questions that are asked by the commissioners are relating to public safety. Mr. Mauti: • Stated he is continuously asked by neighbors, etc. regarding different projects within the City, and he questioned if he is not allowed to answer those questions. Mr. Stokes pointed out that he is not restricting anyone from asking questions during these meetings, but he is trying to put into place good meeting practices. • Asked if the commissioners could request updates on projects that were approved in the past. Ms. Frazier said yes, staff could update the status of a project but could not go into detail as to its status. • Complimented the work that Ms. Bosworth has done and is continuing to do as regards Planning and Zoning. Ms. Kautenburg: • Stated that, as commissioners, they are volunteering to provide a service in order to contribute to the betterment of the community, but as such there are times when they may overstep their role. When questions come to any of the commissioners such as Code Enforcement questions, they should refer the questioners to the proper department for answers rather than bringing it up at a meeting. Mr. Qizilbash: • Asked if a member of the public asks about an item that is not on the agenda, are the commissioners allowed to answer that. Mr. Stokes said yes, if it is part of Public Input, the commissioners can answer those questions. Ms. Frazier interjected that Mr. Stokes has in the past few months given talks on the Sunshine Law, etc., and what is being discussed here is educational. One of the goals PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 is to refrain from disseminating information that is just rumors or subjects that are not ready for public discussion. Ms. Bosworth stated that this discussion was prompted by an interaction she had with one of the commission members as to a Code Enforcement issue. She had worked with this commission member on a question related to Code Enforcement. They had phone calls back and forth, and the issue was still brought up at the last Planning and Zoning meeting, and she did not think the issue should have been brought up here at a public meeting under Commissioners Matters. She invited the commissioners to contact staff with any questions, but not to bring these items up at a public meeting. Mr. Stokes also suggested that, if one of the commissioners would call in to staff and ask for an update on a particular project, staff could then add that to the agenda for the next meeting, where it could be addressed. Mr. Carter: • Suggested just deleting the section "Commissioners Matters" from the agendas. Mr. Roth did not think this was possible, as it follows the format that City Council has set up. Ms. Frazier stated if the commission wants to consider that, it would be fine. She suggested that under "Commissioners Matters," if someone wants to question the status of a project, etc., to ask for further information on the subject, which then can be put on the agenda for the next meeting. That would be the proper time to address it. 11. Staff Matters Ms. Frazier recounted the status of some of the projects that are being worked on. • Indian River Drive -- The work on the pavement and crosswalks has been done. There is continuing work regarding landscaping and new signage. • FIND Grant for Fisherman's Landing Working Waterfront Park — Staff was successful in obtaining this grant. The grant covers partially funding the living shoreline protection project, along with a pervious -pavement parking lot. That work should be completed by the end of the summer. • FEMA Grant on Stonecrop -- That request has been submitted, and FEMA is asking for more information, so that is taking some time. • Two grants for the Indian River Lagoon Council -- One is for the septic -to - sewer program, and one is for the oyster -gardening program, which is the environmental education program that is run at the Working Waterfront Park. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 • DEO Grant -- An application will be submitted in May which, if successful, will fund the bulk of this commission's work next year as the City works to have the comprehensive plan updated. This needs to be updated by the end of September 2020. This commission will be reviewing proposed updates, and it will be a big job • Grant Application Revisions — Several grant applications are being revised, including the septic -to -sewer program, facade grant program, and tree protection. There have been two new programs instituted: the vacation rental program and stormwater utility fee credit program. • National Flood Insurance Program -- Requires a community rating system recertification, which is done. • Census — The City is preparing for the census with maps. • Coastal Resiliency Plan -- A $50,000.00 DEO grant was received last year in order for the City to comply with State legislation regarding peril and Flood. The coastal resiliency plan has to be included in the comprehensive plan. That is done and will be presented to Council next week. As the second part of that grant, staff needs to update certain portions of the comprehensive plan, and that will be brought to this commission for review sometime in June. That has to be completed by the end of June. • HUD — Another project the commission will be involved in is where HUD provides dollars, and Sebastian is an entitlement city. We have to update our five-year consolidated plan. We have a contract in front of Council next week, and, should it be approved, we will be moving forward, which will require a public meeting— again an opportunity to get the commission's input as far as how the City wants these HUD dollars to be spent. In the past, Ms. Bosworth stated that the City utilized them for the veterans housing grant, and the septic at Riverview Park was taken out and a lift station was put in. She stated the City is looking to get the five- year consolidated plan done so that the City can get these entitlement dollars. • CRA Master Plan — The one big "hanging chad" is the CRA Master Pian, and this is something that is very disappointing to City staff. The consultant who was hired came highly recommended. Things moved along very well, and then the consultant had a large turnover of staff. The individuals whom City staff had been working with left. Staff expressed their concerns. After three renditions of the plan, the City had to let them go, as they were not addressing the uniqueness of Sebastian. They were not addressing the specific catalyst projects they were being asked to address. Therefore, it was brought in house to complete. It will be this summer before the commission can expect to review it. • CIP PLAN — The CIP for Ms. Frazier's department is really concentrating on the comprehensive plan update. This will require a large amount of time in the next year. PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF APRIL 18, 2019 12. Commissioners Matters Ms. Kautenburg asked for any comments or questions from the commission. Mr. Reyes: • Inquired if there was another fine who came in second when the contracts were solicited. Ms. Frazier replied that, under the Competitive Consultants Negotiation Act, staff did do an RFQ over a year ago to firms to submit for landscape architecture. They were one of the top three selected. The City has reached out to another consultant. Unfortunately, most of the budget was spent, so it will have to be finished in house. Mr. Mauti: • Asked if the commissioners would have a chance to review the master plan before it goes to City Council. Ms. Frazier stated yes, the commissioners will have to look at it to ensure that it is compatible with the City's comprehensive plan. Mr. Roth: • Recalled that in the past there was to be a project to identify walking paths and signs. He inquired whether that is under the umbrella of the multiple projects that are being worked on presently. Ms. Frazier stated it is, and it will be presented to City Council next week. • Mr. Roth brought up the theme thatwas suggested for Sebastian to have a "fishing - village theme" going forward, and he wondered if that is still a priority. Ms. Frazier stated that the Treasure Coast Regional Planning Council did the whole overlay concept and emphasized the old -fishing -village -type look. That has been morphed into the overlay district, which is part of the City's code, and Ms. Bosworth brings that idea up for anything that is being developed or redeveloped within the CRA district and the overlay district. Ms. Frazier stated she would like to revisit it and make it part of the CRA master plan. Mr. Reyes: • Asked where the colors were taken from that were selected. Ms. Bosworth stated they were modified from the Route 60 Overlay District in Vero Beach. Ms. Kautenburg: • Complimented staff on the City's website, stating it is getting better and better. 13. Adiourn -- Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:10 p.m. jg