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HomeMy WebLinkAbout09-01-2005 PZ Minutes CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING t1l~ . SEPTEMBER 1, 2005 . --;)::.HJ"'RMi\ (80AR:Jl.t:.t. .~ Chairman Smith called the meeting to order at 7:00P.M. APPROVEQo!'" OATE~/5-{)5 APPROVED SUBJECT TO The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Paul Mr. Mahoney Mr. Allocco Chmn. Smith Mr. Celli Mr. Oakes (a) EXCUSED: Mr. Simmons (a) Mr. Faille Mr. Keough Mr. Hughes, School Board Representative ALSO PRESENT: Gary Ament, Growth Management Director Jan King, Growth Management Manager AI Minner, City Manager Rich Stringer, City Attorney Linda Loshl, Recording Secretary ANNOUNCEMENTS: Chmn. Smith announced Mr. Faille, Mr. Keough and Mr. Simmons have excused absences tonight and Mr. Oakes will be voting. APPROVAL OF MINUTES: August18,2005 Chmn. Smith asked if there were any corrections, additions or deletions to the minutes. Hearing none, he called for a voice vote. The minutes were approved unanimously. Chmn. Smith announced that new business would be moved up on the agenda. He asked Mr. Minner to make his presentation first. Mr. Minner introduced Mr. Gary Ament, the new Growth Management Director. Mr. Ament stated he is looking forward to working with the commission, staff and community. NEW BUSINESS: ACCESSORY STRUCTURE REVIEW - 1019 LANDSDOWNE DRIVE - 30' X 33' DETACHED GARAGE - LEWIS & DENISE ARNOLD Ms. Arnold stated they wanted to build a garage. Ms. King added the garage is over 500 sq. ft., will be built on a second lot, they have the unity of title in place, there will be PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 1, 2005 landscape requirements, elevations will match the design and color of the house, an application for the auxiliary driveway has been submitted, it meets setback requirements and code and staff recommends approval. The applicant said the garage would be used for storage. MOTION by Oakes/Paul to approve the 30' X 33' Detached Garage for Lewis & Denise Arnold at 1019 Landsdown Drive. ROLL CALL: Chmn. Smith Mr. Celli Mr. Allocco yes yes yes Mr. Mahoney Mr. Paul Mr. Oakes yes yes yes The vote was 6-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - NEW MODEL HOME - MARANDA HOMES, INC. - 183 STONY POINT DRIVE - SEBASTIAN RIVER LANDINGS Chmn. Smith swore in the applicant and staff. Mr. Rich Brown, Division Manager for Maranda Homes presented their application. Ms. King added that a certificate of occupancy has been issued but prior to the issuance of a model home permit the parking will be inspected. Mr. Oakes stated for the record that he works for MFC Mortgage, which is a subsidiary owned by Maranda Homes and he is recusing himself from the vote. MOTION by Allocco/Celli to approve the conditional use permit for a new model home for Maranda Homes, Inc., 183 Stony Point Drive, Sebastian River Landings. ROLL CALL: Mr. Mahoney Mr. Allocco Mr. Paul yes yes yes Chmn. Smith Mr. Celli yes yes The vote was 5-0. Motion passed unanimously. OLD BUSINESS: CONTINUED PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND DEVELOPMENT CODE AMENDMENT - ARTICLE XIV, TREE PROTECTION AND LANDSCAPING - ORDINANACE 0-05-18 Mr. Stringer handed out copies of the legislative format to show the changes made and stated legal disclaimers. The residential section is the one that has been rewritten. He explained his process of condensing and rewriting this article. He explained his analysis of tree removal. There was mention about gopher tortoise relocation and Mr. Stringer explained that he kept the intent if tortoise is found during tree inspection, proper permits for relocation must be obtained. He removed the sections about inspecting and processing for tortoises, as that could be put into a separate section. Wherever a specific department or manager is mentioned he changed it to read City Manager or his designee. The other significant change is the Tree and Landscape Advisory Board section does not belong in the Land Development Code because it does not regulate the use of land. Mr. Stringer moved this to the section of the regular code that deals with all 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 1, 2005 other boards. He explained how the tree replacement of 1:1 would not stand up in court. There was discussion regarding historic trees and correcting the paragraph pertaining to sable palms. Mr. Stringer suggested adding the phrase, "to meet the minimum tree requirements for new construction" instead of "replace at a 1: 1 basis" for sable palms. Following discussion it was agreed to develop language for section14.9 with regard to xeriscaping. MOTION by Paul/Celli to recommend for approval Article XIV, Tree Protection and Landscaping, Ordinance 0-05-18 with the change to sable palms requirement for new construction and to develop language and proper verbiage for xeriscaping. ROLL CALL: Mr. Allocco Mr. Celli Mr. Oakes yes yes yes Chmn. Smith Mr. Mahoney Mr. Paul yes yes yes The vote was 6-0. Motion passed unanimously. CHAIRMAN MATTERS: MEMBER MATTERS: NONE Mr. Allocco inquired about the status of Scratch and Dent World in Chessar's Gap. Ms. King reported that she met with the painting contractor and they are still negotiating with them to comply with our code. There was discussion about the tented carports being erected on residential properties. Mr. Stringer explained if it is less than 200 square feet it doesn't do accessory structure review. However, the rule is if they permanent affix it then they would have to meet the wind loads, which they cannot do. DIRECTOR MATTERS: NONE ATTORNEY'S MATTERS: Mr. Stringer reported on a packet he received from the county attorney's office regarding changing the urban service line by referendum and within the main thrust of their research was whether or not in doing this they could preempt our planning and zoning authority over any lands that we annex. Chmn. Smith adjourned the meeting at 8:00 p.m. (9/02/05 sbl) 3