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HomeMy WebLinkAbout11-17-2005 PZ Minutes CITY OF SEBASTIAN Chairman Smith called the meeting to order at 7:00P.M. PLANNING AND ZONING COMMISSION .~.~ MINUTES OF REGULAR MEETING a!4{L , -v;... CHAtRMAN NOVEMBER 17, 2005 (BOARD) .f1 ~ Co~U ,~ APPROVED1=~OATE I I 00- APPAO~t1UBJECTTO_ { The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Paul Mr. Celli Mr. Allocco Mr. Mahoney Chmn. Smith Mr. Oakes Mr. Simmons (a) Mr. Buchanan (a) EXCUSED: Mr. Keough Mr. Hughes, School Board Representative ALSO PRESENT: Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney Linda Loshl, Recording Secretary ANNOUNCEMENTS: Chmn. Smith announced Mr. Keough has an excused absence and that Mr. Simmons would be voting in his place. APPROVAL OF MINUTES: October 20, 2005 MOTION by Oakes/Paul to approve the minutes of October 20, 2005. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: QUASI-JUDICIAL PUBLIC HEARINGS - CONDITIONAL USE PERMIT - NEW MODEL HOMES 1. TRENDSETTERS CONSTRUCTION, INC. - 970 ROSELAND RD 2. ANDO BUILDING CORPORATION -1652 BARBER ST Chmn. Smith opened the hearing and swore in staff, applicant and anyone wishing to speak. The applicant for Trendsetters waived making a presentation. Ms. King reported that the application is straightforward and staff recommends approval. MOTION by Allocco/Oakes to approve the conditional use permit for a model home by Trendsetters Construction at 970 Roseland Road. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2005 ROLL CALL: Chmn. Smith Mr. Celli Mr. Simmons (a) Mr. Allocco yes yes yes yes Mr. Mahoney Mr. Paul Mr. Oakes yes yes yes The vote was 7-0. The motion was approved unanimously. The representative for Ando Building waived making a presentation. Ms. King explained the parking design utilizing the road right-of-way. The engineering department has reviewed and approved the design and the Land Development Code does allow for the road right-of-way use for this purpose as it is considered temporary. Staff recommends approval. Mr. Andre Dorawa, Jr., Ando Building Corp., Sebastian, responded to Mr. Celli about the completion status of the project. Mr. Celli noted for the record that he had concerns about cars backing out of the parking area onto Barber Street. MOTION by Paul/Allocco to approve the conditional use permit for a model home by Ando Building Corporation - 1652 Barber Street. ROLL CALL: Mr. Mahoney Mr. Allocco Mr. Oakes Mr. Paul yes yes yes yes Chmn. Smith Mr. Celli Mr. Simmons (a) yes no yes The vote was 6-1. Motion passed. CHAIRMAN MATTERS: Chmn. Smith welcomed Mr. Buchanan as an alternate member to the commission. MEMBERS MATTERS: Mr. Mahoney inquired about the cars being parked overnight at the Firehouse Garage. Mr. Stringer explained that at the time the application was approved the applicant stated there would be no cars parked overnight outside the building. Ms. Bosworth added that they are working with the owner on a site plan modification to correct the problem. Mr. Celli asked if the commissioners were in receipt of Jan King's letter and then discussed why he would like to re-hear the site plan and conditional use application for Paradise Marina. Mr. Celli went on to say that at Mr. Gilliams' request at the last P&Z meeting the board heard and voted on his application. Mr. Stringer interjected that the commission heard and voted on the application at Mr. Gilliams' request to do so and over the attorney's advise to table the item. Mr. Stringer then asked Mr. Gilliams to state for the record if his appeal application has been withdrawn. Mr. Gilliams responded that he is considering to do that and Mr. Stringer said they are unable to discuss the issue until the appeal is formally withdrawn. He added that since Mr. Gilliams appealed the decision to City Council, the Planning and Zoning Commission no longer has jurisdiction. Mr. Paul asked for clarification on the process of a reconsideration. Mr. Stringer said only exc:ctly what was presented with no modifications could be re-heard. The~e was 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2005 discussion about the pros and cons of reconsidering the application as it was presented or hearing a new and revised application, which addresses the numerous issues. Damien Gilliams addressed the commission. He explained why he proceeded with the application and why he has asked for a re-hearing of the application. He stated that his engineer has made modifications in accordance with staff's recommendations. Mr. Paul asked Mr. Stringer what his advice would be for the commission and he responded they should just hear it as a new application because it is quasi-judicial. Mr. Gilliams' concern was if it is submitted new, then the approval he obtained for the west side would be null and void. Mr. Stringer reminded him the approval for the west side was conditional upon approval for the east side. Discussion continued on the pros and cons of re-hearing the same application or submitting a new application. Mr. Gilliams withdrew his request for reconsideration of the Paradise Marina Resort Site Plan and Conditional Use Permit. Mr. Celli continued with his member matters quoting from his commission handbook regarding meeting agenda preparation and deadlines. Mr. Stringer responded there was a deadline for applications to be put on agendas because of notification in the newspaper. It was determined that items should be completed by the Thursday before the meeting to be placed on the agenda. If an ad has been run for a hearing then the hearing must be opened whether the application is complete or not. Members of the commission expressed their admiration and appreciation for staffs' continued efforts to process applications and keep the department running with a decreased staff. MOTION by Celli/Oakes that the board members shall receive their agenda packets by the Friday before a regularly scheduled meeting or any item on that agenda will not be heard. There was discussion on stamping the agenda with a date and/or hour it is ready for pick-up and the volume of an application. It was determined agenda packets should be ready by noon on Friday before a meeting date no matter how long or short the agenda items may be. ROLL CALL: Mr. Allocco Mr. Celli Mr. Oakes Mr. Simmons (a) yes yes yes yes Chmn. Smith Mr. Mahoney Mr. Paul yes yes yes The vote was 7-0. Motion passed unanimously. Mr. Celli then added his congratulations to Dorri Bosworth for being awarded Employee of the Quarter. DIRECTOR MATTERS: 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2005 Jan gave Dorri (Bosworth) recognition on being the city's Employee of the Third Quarter. Mr. Stringer added she was responsible for the great bands that played at the Clambake Festival. ATTORNEY MATTERS: Mr. Stringer said interviews have been set for a new Growth Management Director. He let the commission be aware of the fact that Ms. King was working at city hall until 3:00 a.m. in order to get the packets ready for the October 20th meeting. He gave the board an brief overview of a joint meeting between City Council and the County on various issues, such as transportation. He discussed plans for the boat ramp on Indian River Drive and Main Street and future site work at Riverview Park. The commissioners commended Mr. Stringer on a very enjoyable and successful Clambake Festival. Mr. Stringer offered his appreciation and commended John, John Jr. and Jan King. Chmn. Smith adjourned the meeting at 8:46 p.m. (11/18/05 sbl) 4