HomeMy WebLinkAbout06062002 CITY OF SEBASTIAN
MINUTES OF REGULAR MEETING
JUNE 6, 2002
Chairman Barrett called the meeting to order at 6:59 P.M.
The Pledge of Allegiance was said.
ROLL CALL: PRESENT: Mr. Faille(a) Mr. Mahoney
Ms. Monier
Ms. Reichert (a)
EXCUSED ABSENCE: Mr. Rauth
Chmn. Barrett
VC Smith
Mr. Svatik, Jr.
ALSO PRESENT:
Jan King, Growth Management Manager
Rich Stringer, City Attorney
Dorri Bosworth, Secretary/Zoning Technician
ANNOUNCEMENTS:
Chairman Barrett announced that Gene Rauth is excused from tonight's meeting and
that Mr. Faille will be voting in his place. He also noted Jean Carbano's empty regular
member position will be filled at the June 12th City Council meeting.
APPROVAL OF MINUTES: (5/16/02)
MOTION by Smith/Monier
I move that we approve the minutes of May 16th, 2002.
A voice vote was taken. 7 - 0, motion carried.
OLD BUSINESS: None
NEW BUSINESS:
A. Quasi-Judicial Hearings - Conditional Use Permits -Model Home Permit
Renewals:
1. 398 Belfast Terrace - John Lloyd Builders
Before beginning the public hearings, Chmn. Barrett stated that he recommended in the
future model home permit renewals be an administrative procedure/approval.
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MINUTES OF REGULAR MEETING OF JUNE 6, 2002
New model homes or model homes that are controversial because of violations would
continue to be reviewed by the Commission.
Chmn. Barrett opened the hearing at 7:03 p.m. There was no public input.
The applicant was not present. (Not required at renewal hearings, unless requested).
There were 27 notices sent to surrounding property owners. No objections or non-
objections were received.
Jan King gave staff presentation, noting there have been no code violations at this
address and recommended approval.
MOTION by Monier/Smith
I make a motion that we approve the conditional use permit for a model home for
398 Belfast Terrace with John Lloyd Builders.
Roll call:
Mr. Faille - yes Mr. Mahoney - yes
Chmn. Barrett - yes Mr. Svatik - yes
VC Smith - yes Ms. Monier - yes
Ms. Reichert** - yes
The vote was 7 - 0. Motion carried.
2. 1271 & 1261 Barber Street- Tozzolo Brothers Construction
Chmn. Barrett opened the hearing at 7:05 p.m. There was no public input.
The applicant was not present.
There were 27 notices sent to surrounding property owners. No objections or non-
objections were received.
Staff gave presentation, and recommended approval.
MOTION by Smith/Svatik
I make a motion that we approve the two model home conditional use permits
located at 1261 and 1271 Barber Street.
Roll call:
Mr. Faille - yes Chmn. Barrett - yes
Mr. Mahoney - yes VC Smith - yes
Ms. Monier - yes Mr. Svatik - yes
Ms. Reichert** - yes
The vote was 7 - 0. Motion carried.
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MINUTES OF REGULAR MEETING OF JUNE 6, 2002
3. 1080 Barber Street- Holiday Builders, Inc.
Chmn. Barrett opened the hearing at 7:07 p.m. There was no public input.
The applicant was not present.
There were 19 notices sent to surrounding property owners. No objections or non-
objections were received.
Staff noted there have not been any violations and recommended approval.
Mr. Mahoney had a question regarding the 8' X 4' sign on the property.
MOTION by Svatik/Smith
I make a motion that we approve the conditional use permit applied for by
Holiday Builders Inc. at 1080 Barber Street.
Roll call:
Mr, Faille - yes Chmn. Barrett - yes
Mr. Svatik - yes Mr. Mahoney - yes
VC Smith - yes Ms. Reichert** - yes
Ms. Monier - yes
The vote was 7 - 0. Motion carried.
4. 1401 & 1413 Barber Street- Ameron Homes
Chmn. Barrett opened the hearing at 7:09 p.m. There was no public input.
The applicant was not present.
There were 28 notices sent to surrounding property owners. No objections or non-
objections were received.
Staff recommended approval
**[At this time staff and the Commission realized that Ms. Reichert should be voting in
the place of Jean Carbano's vacant position, as was inadvertently overlooked at the
beginning of the meeting. Ms. Reichert stated she voted in favor of all previous
motions.]
MOTION by Smith/Reichert
I make a motion that we approve the two model homes located at 1401 and 1413
Barber Street for Ameron Homes.
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Roll call:
Ms. Reiched - yes
Chmn. Barrett - yes
VC Smith - yes
Mr. Faille - yes
Mr. Mahoney - yes
Mr. Svatik - yes
Ms. Monier - yes
The vote was 7 - 0. Motion carried.
CHAIRMAN MATTERS:
Chmn. Barrett asked that the Commission, by consensus, authorize him to speak before
City Council at the next meeting (6/12/02) to request an extension on the cell tower
moratorium, and request the City Manager to speed action on this matter. He opined
that the information and ordinances that Mr. Svatik had presented to staff would suit the
City's needs, even if staff felt they were too technical.
He also stated that this ordinance should be taken care of before other moratoriums
were in place {down town district}, and other pending items such as the accessory
structure revisions and enhanced design elements should be completed also.
The Commission members agreed to send Chairman Barrett to the council meeting,
concurring it was a good idea and agreed the cell tower ordinance needed to get
finished. They were disappointed staff and management had not taken advantage of the
information Mr. Svatik had supplied everyone with and the offer by Alachua County
planners to come and assist staff with preparation of the new ordinance.
MEMBER MATTERS:
Mr. Svatik requested status of the ordinance. Staff replied that the ordinance was in
limbo and more information was needed.
Mr. Smith backed Chmn. Barrett with his disappointment in staff and would like in the
future to be given a time frame regarding status of projects,
Mr. Mahoney questioned the lack of a parapet wall in the rear on the new Sebastian
Retail Shoppe's building. Staff stated the construction plans given to the contractor did
not include the required wall and it was after construction started that staff caught its
absence. After checking with the Building Official, it was concluded it would not be
feasible to add the wall at this point in construction. Mr. Mahoney requested that the
proposed Davis Street Commercial Center be flagged to check for the parapet wall on
the construction plans. Mr. Barrett stated the property owners needed to address the
non-compliance.
Mr. Mahoney also had questions regarding a recent legal notice in the newspaper from
DCA regarding C.N. Kirrie's land use amendment request.
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Mr. Svatik verified with the city attorney that a moratorium extension could be done with
all the proper legal notifications without a break. The city attorney concurred.
Mr. Stringer also reinforced to the members that the LDC required the Planning and
Zoning Commission to make recommendations to the City Council regarding any code
changes. Even if the members and staff disagreed, the final product recommended to
Council would be what Planning and Zoning sent to them.
Ms. Reichert questioned the numerous Sebastian Realty signs along CR512. Staff
stated the code allows one sign per lot and because of the narrow width of the lots (40
ft.) the signs were close together.
DIRECTOR MATTERS:
Staff asked for the Board's direction regarding the first scheduled meeting in July, which
was a holiday (7/4/02). The Commission decided to cancel the meeting vs.
rescheduling.
ATTORNEY MATTERS:
Rich Stringer discussed information regarding DCA's notice of intent to find the City in
non-compliance with its Comprehensive Plan regarding Mr. Kirrie's request for land use
change. Mr. Stringer informed the Board he had put a clause in the Ordinance that
stated "it wasn't effective until the final determination administratively that it was in
compliance" either by DCA or through an administrative hearing by a judge. This would
allow the City to continue processing other applications for annexations and land use
amendments. He opined that he felt the City's first step should be to go through
mediation to be able to present face-to-face the City's reasons for approval of the land
use amendment. He also discussed the Indian River County Board of Commissioner's
latest actions regarding this matter.
Mr. Stringer relayed information regarding two recent court decisions involving
Comprehensive Plan cases in Martin County and Orange County. He reviewed with the
Board insufficiencies he saw in our Plan such as the Recreation and Parks element and
the Capital Improvement Program chapter. Questions were answered from the Board.
Also, the Board was updated on the proposed moratorium for the downtown triangle and
what boundaries were to be included. The western tip would not be covered as it is
regulated by the 512-overlay district, but would cover South Wimbrow Drive to
Louisiana, as that would be where all the major infrastructure changes would occur. The
most eastern part of the triangle would most likely have some use changes and
aesthetic requirements added.
Mr. Mahoney questioned if the City's plans to install underground fuel tanks at the Public
Works compound fit in with the triangle's plans? Mr. Stringer responded that the City's
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primary reason for the tanks was for public safety and emergency management as in the
case of a hurricane. Except for the concrete pads, everything is removable.
Chmn. Barrett adjourned the meeting at 7:53 P.M,
(6/10/02 DB)