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HomeMy WebLinkAbout08072014PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 06 LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING O AUGUST 7, 2014 C , [] ac CL D E C Chairman Dodd called the Planning and Zoning Commission meeting to order at 7:00 PA/20 0 0 F � I E co The pledge of allegiance was said by all. C O � � c c� U +� ROLL CALL: PRESENT: Mr. Roth Mr. McManus (a) Mr. Dodd Mr. Qizilbash 3 Ms. Kautenburg (a) Mr. Durr '—' p D Mr. Carter Mr. Paul. C Q, a e EXCUSED: Mr. Reyes cb N ¢ ¢in Cn ALSO PRESENT: Frank Watanabe, PE, Community Development Director Joe Griffin, City Manager Ken Killgore, Finance Director Bob Ginsburg, City Attorney Dorri Bosworth, Planner /Recording Secretary Cynthia Watson, Environmental Specialist ANNOUNCEMENTS: Chmn. Dodd announced that Mr. Reyes was excused from the meeting and that Ms. Kautenburg would vote in his place. APPROVAL OF MINUTES: MOTION by Paul / Qizilbash to accept the minutes of the April 17, 2014 meeting as written. Motion was approved unanimously by voice vote. MOTION by Roth /Paul to accept the minutes of the July 3, 2014 meeting as written. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. RECOMMENDATION TO CITY COUNCIL — REVIEW OF CAPITAL IMPROVEMENT PROGRAM AND CAPITAL OUTLAY ITEMS GREATER THAN $50,000 — 6 YEAR SCHEDULE FY 201412015 THROUGH 201912020 The Finance Director, Mr, Ken Killgore, gave a Power Point presentation to the Commission which highlighted the information given in their agenda packet and detailed the funding sources. He explained the CIP process and what other Boards have reviewed the CIP, what the CIP included, a breakdown of the projects„ items for the upcoming fiscal year, and items for FY 2016 to 2020. He discussed the four items that the Budget Review Advisory Committee was further recommending to City Council, which were 1) $100,000 towards baffle boxes to protect the Indian River Lagoon, 2) $50,000 for engineering or legal fees regarding All Aboard Florida, 3) $100,000 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 for additional road resurfacing projects, and 4) $15,000 matching COPS grant money. The Advisory Committee also recommended an increase in the millage rate to cover the additional costs. Mr. Roth asked if the 14 unfinished projects from last year were funded. Mr. Killgore stated that they were, and answered questions regarding the extension of the 1% Discretionary Sales Tax (DST funding). He explained future projects were budgeted without the DST monies in case of non - extension. Mr. Roth had additional questions regarding baffle boxes. Mr. Killgore stated the boxes cost approximately $50,000 and Mr. Watanabe explained that there were two types of boxes, one type being the concrete type that collects sediments and debris, and discharges the water out, and a newer type being installed with the Presidential Street project that have a filtration devise which collects debris but also cleans out chemicals, helping the water quality in the Lagoon. He stated there were 10 discharge points into the lagoon, three of which will have baffle boxes, and seven more needed. The money recommended by the Advisory Committee could be for matching grant funds for the additional boxes. Ms. Kautenburg stated the CIP was very well laid out and she had no disagreement with the proposed budget. She agreed that monies should be set aside for All Aboard Florida and the baffle boxes, wanting to see the boxes put in even if there were no grants. Mr. McManus stated he would like to see larger annual repaving monies added to the CIP since repaving protected the base, and was less expensive than replacing entire roads. Mr. Dodd stated he viewed the baffle boxes as part of the Indian River Drive stormwater system and that they should be added as a CIP item. He would like to see a clean -up program / stormwater master plan engineered for the riverfront, and felt it should be a CRA issue and included in the CRA budget. He also agreed that monies should be available for AAF costs. He did not necessarily agree with raising the millage rate. Mr. Paul asked questions regarding replacement and maintenance of the quarter -round pipes. Mr. Watanabe responded the city is now maintaining the pipes through a subcontractor. Mr. Killgore stated that the $500K shown in the budget was from DST funds and had to go towards installation. Mr. Qizilbash stated he had concerns on the low amount budgeted for street repaving and would like to see additional funds go towards that project. Mr. Carter had questions regarding some of the Parks and Recreation projects and would like to see the flooding of the Riverview Park volleyball courts addressed. He asked if the city's vehicles were traded in for new vehicles or resold. Mr. Killgore stated city vehicles and equipment were brought to an auction site. Mr. Dodd praised staff in the way they have managed the City's finances for the past few years and was appreciative on how thorough the CIP was every year. The Commission discussed their options for their motion to City Council. Mr. Durr stated he was in agreement with the Budget Review Advisory Board's recommendations but not necessarily with raising the millage rate. Mr. Ginsburg suggested that when reporting to the Council, Mr. Killgore could clarify that the Commission's recommendation was dealing strictly with the capital projects. It was noted for the record that there was no one from the public in attendance, and that only staff and a reporter were present. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 MOTION by Dodd /Roth "to recommend to City Council that they approve the Capital Improvement Program as presented and that [the Commission] further instruct the City's Finance Director to convey to the Council the Commission's desire to support the additional capital improvements as they were presented in the Budget Review Advisory Board's addendum." ROLL CALL: Mr. Durr yes Mr. Qizilbash yes Mr. Paul yes Ms. Kautenburg yes Mr. Roth yes Mr, Carter yes Mr. Dodd yes The vote was 7 -0. Motion carried. CHAIRMAN MATTERS: Chairman Dodd noted the brief length of the previous meeting run by Vice Chairman Paul. MEMBERS MATTERS: None DIRECTOR MATTERS: All Aboard Florida — Power Point Presentation Mr. Frank Watanabe explained to the Commission that the presentation was the same he had given to City Council, and that they wanted to share the information with all the boards, committees, and commissions, and to the public. He proceeded to give the Power Point presentation (attached) which covered information on Railroad Quiet Zones and establishing a local zone. His information also included key issues, Sebastian's rail corridor and updating the crossing inventory, supplemental safety measures, quiet zone risk indexes, and staff suggestions. A second presentation on the Field Diagnostic Review that was done was not available on the computer. Mr. Watanabe reviewed that staff had met in the field with Federal Railroad Administration agents, All Aboard Florida personnel, FEC, and the city manager. A second track is being proposed, which would be located on the west side of existing crossings, except on Main Street, which would be on the east side to accommodate sidewalks. Draft plans were provided to city staff, and within two months 90% completed plans will be provided. The Environmental Impact Statement has been pushed back to the fall to be available. Mr. Roth verified with staff that the three crossings Sebastian is responsible for did qualify for Quiet Zones based on traffic. Mr. Watanabe stated the corridor, including the three County crossings, meet the criteria because they were all below the threshold. Ms. Kautenburg questioned who was paying to implement the Quiet Zones. Mr. Watanabe believed All Aboard Florida would end up paying the costs, but restated that the local agency needed to establish the Quiet Zones. ATTORNEY MATTERS: None Chairman Dodd adjourned the Planning and Zoning Commission meeting at 8:04 p.m. K1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 Chairman Dodd called the Local Planning Agency meeting to order at 8:05 P.M. ROLL CALL: PRESENT: Mr. Roth Mr. McManus (a) Mr. Dodd Mr. Qizilbash Ms. Kautenburg (a) Mr. Durr Mr. Carter Mr. Paul. EXCUSED: Mr. Reyes ALSO PRESENT: Frank Watanabe, PE, Community Development Director Bob Ginsburg, City Attorney Dorri Bosworth, Planner /Recording Secretary Cynthia Watson, Environmental Specialist B. PUBLIC HEARING — REVIEW AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0- 14 -04 WHICH PROPOSES AN AMENDMENT TO THE LAND DEVELOPMENT CODE, ARTICLE III, SECTION 54 -2 -3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USESISPECIAL EVENTS Ms. Bosworth presented the proposed changes, explaining that staff receives approx. 20 to 25 applications a year, and that the Section had not been reviewed since its adoption (1995). Staff requested the Commission's guidance with some of the recent applications, specifically adherence of the existing code, or suggestions on where to update it. Ms. Bosworth reviewed the history of the code and why the regulations were put in place. She clarified that this Section of the code did not apply to events and uses on city -owned property such as Riverview Park or at the Community Center, but those occurring on private property. She explained that staff's policy has been to not require permits for events held inside church, civic organization, or private club buildings, as fundraising and fellowship were a part of those groups nature. Certain inside events would still require a permit if staff felt there was a public safety issue that should be considered, or if it involved transient merchants /vendors. She further explained how staff had tried to accommodate applicants with the current fee ($125 per event) for multiple, similar events by placing them all on one application and charging only one fee. This lead to quite a few applications requesting events /uses for nine months of the year (Flea Markets). Also, a lot of uses /events were not conditional or permitted uses allowed in the zoning district of the site as required by the temporary use code. Staff was requesting the Commission's recommendation on changing the fee, opinion on how many times could a similar event occur before it was considered a permanent use of the site, and removing the permitted or conditional use requirement, along with minor clean -up revisions to the code. Mr. Dodd stated he saw two different scenarios that should be considered differently, one being an owner of the host site that considers the event/use as part of their normal activity[flea market, bazaar, etc.], and the second being a business entity renting their space to a transient merchant [tent car sales]. He felt the $200 cash bond was not enough if the City needed to use it to clean up after an event, and suggested a different fee for each of the scenarios, along with a larger bond. He felt the City should not sanction a transient merchant because a similar local business existed, and that as long as the temporary use/transient merchant submitted an application through staff, the City should not limit the amount of times a business could rent out his site. He suggested there be a simpler, cheaper process for the churches and civic organizations. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 Mr. Roth agreed there should be different requirements for civic and business. Ms. Kautenburg disagreed with allowing so many events at a church or civic organization in that residents or neighboring properties assumed what normal church activities would be and did not bargain for an every weekend flea market. The "charitable" flea markets create income for the hosts by leasing booth space to other vendorslindividuals. She felt if these uses were to be called "temporary" then it was responsible to dune what temporary means, and she considered semi - annual or annual to be temporary. Any more than that amount was not fair to the neighbors, and then should be adhering to the zoning regulations. Mr. McManus stated separate fees should be established for non - profit and for profit applicants. He suggested $35 for the initial event and $25 for additional dates on the same application. He also relayed when he was a businessman how frustrating it was when a transient merchant came into town and competed with the local businesses that paid taxes and contributed to the community. He suggested keeping the existing fee of $125 for profit business vendor /merchants. Mr. Paul suggested using the size of the property as a determination factor instead of profit vs. non- profit, in that a small commercial parking area would hold a different type of event than a large church property or supermarket parking lot. He also suggested tweaking 21 days to "business days" for submittal of the application [Section 54 -2- 3.4(13)], and charging for off - premise signage for the larger transient merchant sales. Mr. Dodd clarified if off - premise signs were allowed for temporary sales /events. Ms. Bosworth stated no, because that was a requirement of the regular sign ordinance. Mr. Qizilbash agreed with the $35 per event fee proposal, and also suggested an increase in the bond amount. Mr. Durr stated he, too, felt a monthly event strayed from being temporary, but an exact number would be hard to establish. He agreed that a for - profit business did have the right to rent out parking area to a transient vendor comparing it to leasing out space to a tenant, but the fee should cost more as opposed to a church having a fundraiser. But he also questioned if a Flea Market -type event wasn't as similar to a business renting out space to transient merchants. He felt a higher fee shouldn't be assessed to the larger vendors just because they can afford it. Ms. Bosworth discussed how it may be hard for staff to verify proof of non - profit status, asking if formal paperwork should be shown for proof. She also stated civic organizations will rent out their building or parking area for a fee, which is their way of fundraising, to a "for-profit" transient merchant. If separate fees were to be considered, specifics should be detailed in the code. Mr. Carter stated he also liked the $35 per event fee. Mr. Ginsburg stated he had concerns with having different fee schedules for profits vs. non - profits because the Commission and the City Council should be examining the "use" as opposed to who is using property in a certain way. There was not always a clear distinction between profit and non - profit. Mr. Dodd asked if there could be one type of fee for a host site that is owned by the operator of the facility and the special event is contained within the host site. Mr. Ginsburg stated when you start to make distinctions [for fees] then legalities need to be reviewed. Mr. Ginsburg stated that an appeal process to the City Manager's decision, as noted in Section 54- 2- 3.4(c), should be added to that paragraph, and what entity should hear the appeal, the Commission or City Council. Mr. Dodd stated since the temporary uses should be reviewed as a "use" issue, appeals should then come before the Commission. % PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 Mr. Dodd then took the strike -out, underlined version of the proposal and reviewed what was agreed upon and what revisions should occur. Section 54- 2 -3.3, Time Limits, was discussed further, with 2 or 6 per year suggested by Ms. Kautenburg and Mr. Dodd. Mr. Durr offered 4. Ms. Bosworth stated an additional paragraph (d) might be added to specify the number events for a temporary use, as (a) thru (c) specified current time limits for transient merchants. Ms. Bosworth verified that it was the consensus of the Commission that 9 events were too many for "temporary". The proposed $35 fee proposal was further discussed and it was agreed to charge the fee per event. Three Flea Market dates at one site would be 3 X $35. Chairman Dodd opened the hearing for public input. No one spoke in favor, or in opposition, of the proposed Ordinance. The Commission asked staff to bring back the revisions to them for review before they made a recommendation to the City Council. 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