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HomeMy WebLinkAbout03171999CITY COUNCIL MEETING DATE: ITEM NO. ~q' (~ ROLL CALL Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Mr. Majcher SECOND ITEM NO. MOTION SECOND ROLL CALL 2 Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger 1TEM NO. MOTION SECOND ROLL CALL Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger Vice Mayor Neuberger ITEM NO. MOTION SECOND ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Wininger Vice Mayor Neuberger Mr. Barczyk ITEM NO. MOTION SECOND ROLL CALL 5 Mr. Majcher Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr. Bishop City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MARCH 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL CiO Council Pr¢~elat: Mayor Martha Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben Bishop Mr. Edward Majcher, Jr. Staff Present: Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting Quasi-Judicial Public Hearing March 17, 1999 Page Two 4. QUASI-JUD[CJ[AI~ PUBLIC HEARING(S), FINAL ADOPTION 99. o62 A. R~solution No. R-99-16 - Si~ial Us~..l~ermit for Mini-Storage Facility in Commercial General Zoning District (Growth Management Director Transmittal. R-99-! 6,.Apl~!i~ation. Location Map. Staff Re,,poJk P & g Recommendation. Boundary Survey Under Separate Cover) A REgOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& APPROVING A SPECIAL USE PERMIT FOR A SELF-SERViCE STORAGE FACILITY AT 10900 U.S. HIGHWAY 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-16 by title. ,-2 _ Mayor Wininger opened the quasi-judicial hearing at ? D.5- Being no further business, Mayor Wininger adjourned the Special Meeting at 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASi-JUDICIAL HEARING(S) WEDNESDAY, MARCH 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 122~ MAiN STREET, SEBASTIAN, FLORIDA AGENDA 1TJ~tdS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLF_.RK- 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL 4. QUA$I-JUDICI~Sa~ PIJI~LIC I-IEARING(S), FINAL AI)QPTION 99.062 A. Resolution No. R-99-16 - Spgial Uso permit fQr Mini-Storage Fa¢iliw in Commercial General Zoning District (Orowth Management Director Tmn~tnittal, R-99-16. Agplication, Location Ma.p, Stitff th~port, P & g Recommendation, Boundary Survey Under Sepa, r.~e Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR A SELF-SERVICE STORAGE FACILITY AT 10900 U.S. HIGHWAY 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TEST]glONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.010_qF.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: · RegularMeeting- Wednesday, 3/24/99- 7pm Regular Meeting - Wednesday, 4/14/99- 7pm Regular Meeting - Wednesday, 4/28/99- 7pm I I I I I I I I City of Sebastian, Florida Subject: Quasi-judicial public hearing concerning a special use permit application submitted by lienry A. Fischer for a self- service storage facility on certain property located at 10900 U.S. Rwy. 1, containing 1.85 acres more or less. Agenda No. Department Ori~: Growth Management Tracy E. Has~'~ Date Submitted: March 05, 1999 Approved for Submj'ttal by:.., For Agenda off March 17, 1999 Exhibits: R-99-16, Application for Special Use, Location Map, Stall'Report and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY I I I An application for a special use permit has been submitted by Henry A. Fischer for.certain property located at 10900 U.S. Highway 1 containing 1.85 acres more or less. The applicant is requesting a special use permit for a self-service storage facility. Attached for your review is a special use permit application, a detailed staff report and a location map. The planning and zoning commission recommended approval of this special use permit request at their regular meeting on January 15, 1999. I I i I I Staff has reviewed this special use permit request and finds the following: The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. RECOMMENDED ACTION Hold quasi-judicial public hearing and act on Resolution No. R-99-16. RESOLUTION NO. R-99-16 A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR A SELF-SERVICE STORAGE FACILITY AT 10900 U.S. HIGltWAY 1; PROVIDING FOR CONFLICTS HEREWITIt; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Henry. A. Fischer has applied for a special use permit approval for a self-service storage facility at 10900 U.S. Highway 1; and Wi3[EREAS, the zoning category for the site allows this special use request; and WHEREAS, the Planning and Zoning Commission have recommended approval of the special use permit application with conditions; NOW TItEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SPECIAL USE PERMIT APPROVAL. The City Council of the City of Sebastian does hereby approve the application in this cause for a special use permit to allow a self-service storage facility at 10900 U.S. Highway 1. Section 2. CONDmONS. Said special use must meet the following conditions of approval: A. The side lot lines shall be screened with a type "A" opaque screen incorporating vegetation therein; C. "long, blank wall" effect. Section 3. CONFLICT. The front facing U.S. 1 shall utilize a type "C" opaque screen; and The building shall incorporate architectural relief on all sides to prevent the All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of March, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. ~ City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: Henry A. Fischer Address: 10729 US 1, Sebastian, FL 32958 Phone Number:. (561-) 589-3139 FAX Number. (561-) 589:7731 E-Mail: Owner (If different from applicant) -Name: same as above ,Address: Phone Numben ( ) - E-Mail: FAX Numbec. ( ) I I I I I i I I Type of permit or act~o_n re~l_ ue. sted: ~, .... ;,,. ~-,_ ' .-, ,, '1 ) PLEASE COMPLETE ONLY THOSE[ SECTiONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-I'ACHED AND 81/2' BY 11' COPIES OF ANY A'~'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. Fisrher'~ T~ad ~ fmnt-o. Pbn~ Il - B. Site information Address: lq900 lis 1. Seha~.tjan_, Lot: Block: Unit: N/A N/A Indian River County Parcel ~ m Zoning Classification: ¢0R Existing Use: F10W~ Subdivision: N/~, 08-31-39-00000-0030-00002. ! Futura Land Use: CG Proposed Use: Vacant Property ~ommercia_l ~eneraJ Description of proposed activity and purpose of the requested permit or action (attach e~tra sheets if necessary): Rui, lding ~~Tll~'SE~ ~'(j ;C~°~ ~:q-St~r-a.qe~_~,~.cj_~Units 3n Pr~d:¢~tv 'E RECEIVED: l...~//,,~_i/<:) ~ FEE PAID:: 'c/D0- -- RECEIVED ,.2oo~ L Page f of 3 '08/27/97 [ Revision: Development Applica~fon FTle Name: Doa -D. Project Personnel: Agent: Name: Carl Address 10741 US 1 Phone Number. ( 561 -) E-Mail: Fischer Sebastian, 589-8688 Attorney: Name: N/A Address Phone Number. ( E-Mail: Engineen Name: Mosby and .Associates, Addm~ on file Phone Number. ( ) - E-MaU: SurveYon Name: James A. Fowler Address on file Phone Number, ( ) Land E-Maih FL 32958 INc. Surveying FAX Number. ~61- ) 589-'7731 FAX Number, FAX Number, ( ) - FAX Number. ( ) - P~it Appli~tian No. I, Henry A. Fi scher , BEING RRb'l' DULY SWORN, DEPOSE AND SAY THAT;. XX I AM THE OWNER _~ I ~ THE LEGAl- REPRESENTATTVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'i-ri~ OF THIS ~PPMGATIC)Ny A,J~ THAT ALL THE INFORMATION, MAPS, DATA ANt3/OR SKETCHES PROVIDED IN THIS APPUCATIQN ARE SIGNATURE DATE P~RSONA~Y ~O~N TO ~ OR PRQDUC~ kSiD~FI~ON, ~18 /~ OAYOF ~d ~rty , g . NAME OF NOTARY L C~200~ ) Pa~e 2 of 3 A~pmv~: 08~7/97 Revision: Development Application Rle Name: Dcm I I I I I I i I I I I I I I I Permit ApplicaMon No. The following is required for ail comprehensive plan amendment~ zoning amendment (including rezoning), site plans, conditional use permit~, special use permits, variances, exceptions~ and appeals. I/WE, xx._~_ THE OWNER(S) THE LEGAL REPRESENTATTVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE SUBJECT OF THIS APPL/CA'T'[ON, HERE~Y AUTHOR[7..E EACH ANO EVERY MEMBER OF THE P'lannino and Zoning I=IOARD/COMMISSION OF THE CiTY OF SEBASTIAN (T~E 'E~OARD'f'COMMI$,SION') TO PHYSICALLY ENTER UPON THE PROPERTY AND V~EW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION, I/WE HERE~Y WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUA~I-JUDIC~AL NATURE OF THE PROCEEDINGS, RESUL~NG FROM ANY PIOARD/CoMMISSlON MEMBER EN'TE~ING OR VI~A/ING THE PROPEP.'T"Y, INCLUDING ANY CLAIM OR A~SERTION THAT MY/OUR FROCEOURAL OR SUBSTANTNE DUE PROCESS RIGHTS UNDER THE FLORIDA CQNSTTTLIT~ON OR THE UNITED ~TATES CONETTTU~C)N WERE V~OLATED BY SUCH ENTERING OR VIE~A/ING. / · THIS WAIV.~/A/ND CONSENT IS I=~EING SIGNED BY MF_/US VOLUNTARILY AND NOT AS A RESULT OF' ANY COERCION APPUED, OR SIGN,~TU~E ~-'""-"-----~__.~_.__ '" DATE Sworn to and subscribed before me by who is..L~ersonallv known to me or produced as identification, this ,,/'-/ day of ,D'-/~,4//,//~/E~ ,19_.~. Pdnted Name of Notary Commission No./Expiration ~-, ~/,0-- ~-~-~0~,-. Seal: Form CD-200~ Approved: 08/27/97' Revision: Pa~e 3 of 3 Development Applica~an FEe Name: DoB Permit Application No. ~ Supplemental Information Special Use Permit (ATTACH ADDITIONAL PAGES IF NECESSARY.) Describe the use for which this special use permit is being requested: 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or wetfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located. If not, why not. (At~ached additional pages, if necessary): 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning dis~ct, and that the use is similar in nature and compatible with the uses allowed in such district. If not, why not. (Afl. ach additional pages,if / Form CD-203~ I Approved: 8/27/97 I Revision: Page f of 2 Special Use Permit, Sand Mining l Rio Name: Sisupsm '1 I I I i I I I I I I I I I I I Permit Application No. 4. Attach the following: a. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. __ b. A site plan. c. A mining plan including a plan view and cross-sections of the mining areas, amount of fill to be removed in cubic yards, timetable of mining activities, method of mining, and hours of operation. _~d. A safety and secudty plan. _~.e. A restoration plan including a description of the eventual use of the site and final grades of the site. j~.. f. A water management plan. .,~\ ~ g. The location of hauling routes to and from the mine site. tForm CD.203'1 Approved: 8/27/97 Page 2 of 2 Revision: ISpec~al U~e Penllit, Sand Mining File Name: Sisup~m I I /-- CITY UMITS I _.. I i i CITY UMIT$ .-=,= '.¢, J-.-.---I_DR ,~AN AC, EN£N i' (TRACT A) I I ..I I i I I I I I I I I I I I I I I I i I I I I I I 2. 3. 4. Community Development Department Special Use Permit Application - Staff Report Project Name: Requested Action: Project Location a. b. C. Project Owner: Project Agent: Project Engineer: Fischer Trade Center Phase II Special Use Permit approval for self-service storage facility Address: 10900 U. S. Highway 1 Legal: See site plan Indian River County Parcel Number: Henry A. Fischer 10729 U.S. 1 Sebastian, Florida 32958 (561) 589-3159 Sam as above Mosby and Associates 2455-14~ Avenue Veto Beach, Florida 32960 (561) 569-0035 Project Attorney: Project Description a, Narrative of proposed action: The applicant is requesting a special use permit approval for a self-service storage facility on a 1.85 acre parcel of land. The proposed land lies just East of an industrial tract containing mini-warehouse units. The applicant is proposing to use the land for phase II of the Fischer Trade Center project, but will contain self-service storage units as opposed to the current mini-warehouse units. This use is permitted as a special use within the CG zoning district. b. Current Zoning: CG c, Adjacent Properties Current Land Use North: C/IN Vacant East: U.$1 U.S. 1 South: COR Vacant West: IN mini-warehouses Site Characteristics (1) Total Acreage: 1.86 acres (2) Current Land Use(s): Vacant (3) Soil: Immokalee (4) Vegetation: Cleared (5) Flood Hazard: Zone X (6) Water Service: N/A (7) Sanitary Sewer Service: N/A (8) Parks: Riverview Park - % mile (9) Police/Fire: Sebastian Police- 1 mile Indian River Fire - 3 miles Comprehensive Plan Consistency Consistent Consistent N/A Consistent Future Land Use: Traffic Circulation: Housing: Public Facilities: Coastal Management:, Consistent Conservation: Consitent Recreation and Open Space: Constistent 2 Future Land Use C/IN (county) U.S. 1 CG IN I I I I I I I I I I I I I I I I I I I 10. 11. 12: 12. Is the granting of the special use permit detrimenta. I to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? Staff does not feel this application will be detrimental to the public safety, health or welfare or injurious to other properties or improvements with the immediate vicinity in which the property is located. The granting of a special use permit for self-service storage units is required per Section 20A-5.47 of the Land Development Code. Is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? Yes - Self-service storage facilities for the storage of only domestic and household goods or personal and noncommercial goods can be considered as a special use permit in the CG zoning district. Additional considerations: The use shall meet the following conditions: 1. The maximum area for a self-service storage unit shall be 150 square feet. 2. The maximum height of the building shall be 10 feet. 3. Outdoor storage is prohibited. 4. All outdoor lights shall be shielded to direct light and glare only onto the self-service storage facility premises. 5. The maximum size of a self-service storage facility shall be two (2) acres. 6. The setbacks for the respective zoning district shall be used except in no case shall the setback be less than twenty (20) feet. 7. The rear and side lot lines shall be screened with a type "A" opaque screen 8. One office for management may be included provided that it does 'not exceed 400 square feet. 9. No occupational licenses other than for the main use (storage) shall be permitted. 10. No garage sales, sales, manufacturing or repair is permitted. 11. There shall not be any storage of flammable, toxic, highly combustible or other hazardous materials or substances. 12. Access shall only be to an arterial or collector roadway and in no case through areas zoned residential. 13. No utilities (other than air conditioning and lights) can be provided to the storage units. 14. The hours of operation shall be limited to 6:00 A.M. to 10:00 P.M. Other Matters: The property in which this facility is to be located just recently (January 21, 1999) received formal approval from the Department of Community Affairs to be designated Commercial General (CG) on the City's future land use map. The applicant, as part of this application, has requested the rezoning to CG to allow for the proposed self-service storage units. The property has already been targeted for designation as CG zoning as part of the Land Development Code Revisions. However, this is not to take place for several 15. 15. 18. months and the applicant has requested the rezoning so as to not delay construction of his site. Analysis: The applicant is requesting a special use permit approval for a self- service storage facility on a 1.85 acre parcel of land. The proposed land lies just East of an industrial tract containing mini-warehouse units. The applicant is proposing to use the land for phase II of the Fischer Trade Center project, but will contain self-service storage units as opposed to the current mini-warehouse units. This use is permitted as a special use within the CG zoning district. At their regular meeting on February 04, 1999, the Planning and Zoning Commission recommended approval of the special use permit with staff's findings with an addition to condition #7 as follows: The side lot lines shall be screened with a type "A~ opaque screen and vegetation must be incorporated within this screen. The front facing U.S. #1 shall be screened with a type "C" opaque screen and the building shall incorporate architectural relief. Conclusion: The granting of the proposed special use permit application is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. Recommendation: Staff has reviewed the request for a special use permit for Henry A. Fischer and finds this application to be consistent with the Land Development Code and Comprehensive Plan. Additionally, the Planning and · Zoning Commission recommends the City Council approve the special use permit for a self-service storage facility with the following conditions: 2. 3. 4. 5. 6. 7. 9. 10. The maximum area for a self-service storage unit shall be 150 square feet. The maximum height of the building shall be 10 feet. Outdoor storage is prohibited. - · All outdoor lights shall be shielded to direct light and glare only onto the self-service storage facility premises. The maximum size of a self-service storage facility shall be two (2) acres. The setbacks for the respective zoning district shall be used except in no case shall the setback be less than twenty (20) feet. The side lot lines shall be screened with a type "A" opaque screen and vegetation must be incorporated within this screen. The front facing U.S. #1 shall be screened with a type "C" opaque screen and the building shall incorporate architectural relief. One office for management may be included provided that it does not exceed 400 square feet. No occupational licenses other than for the main use (storage) shall be permitted. No garage sales, sales, manufacturing or repair is permitted. I I I I i I I I I I I I I i I I I 11. 12. 13. 14. There shall not be any storage of flammable, toxic, highly combustible or other hazardous materials or substances. Access shall only be to an artedal or collector roadway and in no case through areas zoned residential. No utilities (other than air conditioning and lights) can be provided to the storage units. The hours of operation shall be limited to 6:00 A.M. to 10:00 P.M. DAT~E 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 4, 1999 D. PUBLIC HEARING - Recommendation to City Council - Special Use Permit - Self-Service Storage Facility (O-97-53) - Fischer Trade Center Randy Mosby was present representing the applicant, and gave a presentation. He presented a visual artist's concept of the proposed site and commented that this will be a Iow key, passive facility. Mr. Hass gave staff presentation and noted that the applicant has concurred with all of the conditions listed on page 3 of the staff report. At this point he indicated that staff recommends approval. Chmn. Schulke opened the public headng at 7:40 pm. Mr. Richard Marco of River Run asked for a description of the "opaque screen" on the two sides. Mr. Hass responded that this will be an issue '1=or review dudng the site plan review. Chron. Schuike expanded on this issue. Chmn. Schulke closed the public headng at 7:45 pm. There was discussion on the landscaping for this site. Mr. Mosby indicated that the applicant intends to use the opaque wall of the building as their opaque screen, but will offer architectural relief on the wail of this building. Mr. Mosby suggested that landscape issues should be covered at the time of site plan review. He also noted that the applicant will work with staff on the level of detail on the landscaping. He then stated that "special care will be taken dudng the site plan review process for the landscaping on all buffers of the building, and we agree to that and we'll work that out with staff and you all .... ". He also noted that the applicant agrees with additional landscaping on the north and south sides, and also on the east side. At this point, Mr. Hass read from the Code desodption of Opaque Screening. In response to a question from a Commission member, Atty. Stringer noted that conditions can be attached to fulfill the intent of the code, since it is a spedal use, which is ilke an exception to the code. There was more discussion on the front/rear of this project. Atty. Stringer read the' definition of Type C landscaping from the Code. Chron. Schulke suggested including in the motion that the Type A opaque screen on the north/south side shall consist of, partially with vegetation, and the east side, adjacent to U.S. #1 would require, at a minimum, the landscaping between the pavement and dght- of-way, which would be a hedge and a tree every thirty-five (35) feet. Mr. Mather suggested including in the motion wording to cover the architectural relief to be used on the building. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 4, 1999 MOTION by Pliska/Evely I make a motion to re-open the public headng. Roll call: Mr. Mahoney(a) - yes Mr. Mather - yes Mr. Pliska - yes Chron. Schulke - yes Ms. Vesia - yes Mr. Evely(a) - yes Mr. Barrett - yes The vote was 7-0. Motion carried. Chmn. Schulke re-opened the public headng at 8:21 pm. Mr. Richard Marco commented that he was pleased to see that this Board, as well as the project engineer, is concerned with the citizens who pass or live in close proximity to this property and the landscape suggestions made here tonight, especially on the north and east sides. Chmn. Schulke dosed the public headng at 8:30 pm. Chron. Schulke suggested wording for condition #7 to read: The side lot lines shall be screened with a type "A" opaque screen, and vegetation must be incorporated within this screen, and the front facing U.S. #1 shall be screened with a Type C opaque screen, and the building shall incorporate architectural relief. Mr. Mosby suggested that landscaping not be required on the west property line, facing the railroad track. There was discussion on this issue. MOTION by Mather/Barrett I make a motion that we approve the Fischer Trade Center Phase II Special Use Permit recommendation to City Council, with s~iT's recommendations and conditions, including Joe's recommendation that's been added (condition #7 - [The side lot lines shall be screened with a type "A" opaque screen, and vegetation must be incorporated within this screen, and the front facing U.S. #1 shall be screened with a Type C opaque screen, and the building shall incorporate architectural relief.] Roll call: Mr. Mahoney(a) - yes Mr. Barrett - yes Mr. Mather - yes Chron. Schutke 4 yes Mr. Pliska - yes Ms. Vesia - yes Mr. Evely(a) - yes The vote was 7 -0. Motion carded. A break was taken from 8:30 to 8:38 pm, with all previously present members returning.