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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. PLANNING AND ZONING COMMISSION 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. PLANNING AND ZONING COMMISSION 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. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 6, 2002 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. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 6, 2002 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 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 6, 2002 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)