PLANNING AND ZONING BOARD MINUTES THURSDAY, MARCH 19, 2015, AT 1:30 PM COUNCIL CHAMBERS, CITY HALL, VERO BEACH, FLORIDA PRESENT: Chairman, Larry Lauffer; Vice Chairman, Honey Minuse; Members: Don Croteau, Robin Pelensky, Linda Hillman and Alternate Member #1 Richard Cahoy Also Present: Planning and Development Director, Tim McGarry; Planner, Gayle Laferty; Assistant City Attorney, Peggy Lyon and Deputy City Clerk, Sherri Philo I. PRELIMINARY MATTERS None 1. Agenda Additions and/or Deletions II. PUBLIC COMMENT None III. PUBLIC HEARING [Quasi-Judicial] 1. An Ordinance of the City of Vero Beach, Florida, Requested by IGA Development, LLC, Amending the Official Zoning Map by Changing the Zoning District Designation of POI, Professional Office And Institutional, to C- 1, Highway Oriented Commercial, for Property Located at 833 20 th Street Containing 0.88 of an Acre, More or Less; Providing for an Effective Date (#Z15-000001-MAP). The Chairman read the Ordinance by title only. There were no ex parte communications reported. The Deputy City Clerk swore in staff and all witnesses testifying for today s hearing en masse. Ms. Gayle Laferty, Planner, went over staff s report with the Board members (please see attached). She said staff recommends that the Planning and Zoning Board recommend that the City Council approve the request to change the zoning designation of the subject property from POI, Professional, Office, and Institutional District to C-1, Highway Oriented Commercial. Mrs. Hillman asked what was previously in the building. Ms. Laferty said it went though site plan approval, but it was never occupied. Mr. Wesley Mills, of Mills, Short, and Associates, said that he was present today representing the applicant. He said that he would answer any questions the Board might have. There were no questions by the Board. The Chairman opened and closed the public hearing at 1:45 p.m., with no one wishing to be heard. 1 3/19/15 P&Z
Mrs. Minuse was concerned with the traffic. Mr. Tim McGarry, Planning Director, said there is plenty of capacity. Mrs. Minuse made a motion to approve Site Plan Application #SP14-000008 as proposed. Mr. Croteau seconded the motion and it passed 5-0 with Mrs. Hillman voting yes, Ms. Pelensky yes, Mr. Croteau yes, Mrs. Minuse yes, and Mr. Lauffer yes. [Quasi-Judicial] 2. Conditional Use and Site Plan Application Submitted by Vero Beach Church of Christ, Inc. to Remove Existing Homes/Carports/ Parking Lot and Construct a New Parking Lot, Pavilion and Wall at the North Side of SR 60 Between 32 nd and 33 rd Avenues (#SP14-000010). The Chairman read the Conditional Use and Site Plan Application #SP14-000010 by title only. There were no ex parte communications reported. The Deputy City Clerk swore in the applicants testifying for today s hearing en masse. Ms. Laferty went over staff s report with the Board members (please see attached). She said that staff recommends approval of the site plan and conditional use subject to the conditions listed in staff s report. Mr. Croteau said they would be removing some trees. He questioned if they would be planting other trees. Ms. Laferty reported that they would be planting some trees, as well as mitigating for the trees that are removed. Mr. Croteau asked was there any consideration of relocating the trees rather than removing them. Ms. Laferty reported that most of the trees were older Laurel Oaks. Mr. Croteau asked are they in declining condition. Ms. Laferty replied that some are in declining condition and moving them would not be practical. Mrs. Minuse asked what is the purpose for the open-air pavilion. Ms. Laferty noted that the applicant is present and can address that question. Mrs. Minuse asked does an approved conditional use run with the land. Mr. McGarry answered yes. Mr. Jeff Barkett, of Schulke, Bittle, and Stoddard, said that he and Mr. Brackett, Church member, are present today to answer any questions the Board may have. He reported that the three Laurel Oak Trees that are being removed are dead or are dying. He said the mitigated trees they would be planting will be Live Oak Trees. The open-air pavilion is for church members to relax outside and possibly for the children to play. He said both retention areas are dry retention. He reported that the 2 3/19/15 P&Z
church owns all the land around the big retention areas, with the exception of 50-feet to the west where there is one single-family residence. Mrs. Hillman asked where did the list of names that were compiled to be notified of the neighborhood meeting come from. Mr. Barkett said it came from the Indian River County website and it was confirmed with the City. He reported that all the letters were sent out by his firm. He said that he attended the meeting and no one came. Mrs. Hillman was confused because she has friends in the area whose addresses were not listed. Mr. McGarry explained that letters are sent out to addresses within 500 feet of a project. The Chairman opened the public hearing at 2:06 p.m. The Deputy City Clerk swore in Mr. Steve Roth. Mr. Steve Roth, 2036 32 nd Avenue, questioned if his home is next door to the project. He said that his house is north of Route 60 on 32 nd Avenue next to the big building on the corner. Mr. Croteau said the project is on the west side of 32 nd Avenue and therefore would not affect him. The Deputy City Clerk swore in Mr. Joe Walls. Mr. Joe Walls, 2100 32 nd Avenue, said that he has been out of the Country for the past year serving the United States Navy and has no idea what is going on. His primary concern is what he would be looking at when he is looking out his front window, such as a wall, vehicles parked everywhere, etc. He was also worried about children playing in the pavilion area in the evening. Mrs. Hillman said that she lives across the street from the Community Church and they have signs all over their property stating there is no skateboarding, roller skating, etc. She hoped that this church would post something to the same effect. Mr. Walls said as long as they don t impinge on his property values then he does not have a problem with the project. Ms. Laferty reported that the wall would be located on State Road 60. The Deputy City Clerk swore in Mr. Bob Rigsby (spelling may be incorrect). Mr. Bob Rigsby, 2115 33 rd Avenue, said that he has never seen this plan before. He asked how close is the retention pond to the dirt road on the north side of the property. He said there are two homes to the north of the current parking lot. He asked are those houses staying there. Mr. Brackett, Church member, said those houses would remain. Mr. Rigsby was concerned about the pavilion. Mr. Brackett said the pavilion is mainly for aesthetics and it would be very small. 3 3/19/15 P&Z
Mr. Rigsby asked is all they are doing is expanding the existing parking lot. Mr. Brackett said they would be taking down the two old buildings located on 32 nd Avenue. Mrs. Lyon asked Mr. Brackett is he was sworn in. Mr. Brackett answered yes. The Chairman closed the public hearing at 2:21 p.m., with no one else wishing to be heard. Mrs. Minuse made a motion to approve the Conditional Use and Site Plan Application #SP14-000010 with the conditions listed in staff s report. Mr. Croteau seconded the motion and it passed 5-0 with Mrs. Hillman voting yes, Ms. Pelensky yes, Mr. Croteau yes, Mrs. Minuse, and Mr. Lauffer yes. [Quasi-Judicial] 3. Site Plan Application Submitted by Calvary Chapel of Vero Beach and Strunk Funeral Home to Construct New Parking Areas, Driveways and Landscape Improvements in Phase I and Demolition of Two Existing Church Buildings and Construction of New 10,140-Square Foot Auditorium in Phase II at the Northwest Corner of 10 th Avenue and 17 th Street (#SP15-000004). The Chairman read Site Plan Application #SP15-000004 by title only. There was no ex parte communication reported. The Deputy City Clerk swore in the applicants testifying for today s hearing en masse. Mr. McGarry went over staff s report with the Board members (please see attached). Staff recommends approval of the site plan subject to conditions listed in staff s report. He noted that under condition 2, off-street parking should be on-street parking and under condition 3-b, July 2017 should be July 2018. Mrs. Hillman said there is a portion of residential homes in that area and she was concerned with construction disturbing the residents. She asked what would be the times they would be doing the construction. Mr. McGarry said there is a provision in the Code, which states construction is allowed from 7:00 a.m. to 7:00 p.m. Mr. Croteau said they have agreed to only one day a week where they would be operating after 7:00 p.m., which is Thursday where they would go to 9:00 p.m. He asked is that correct. Mr. McGarry said the applicant listed the times. Mr. Cahoy said Strunk Funeral Home Chapel s viewing times are traditionally in the afternoon and in the evening. He questioned if the parking restriction was practical. The Chairman opened the public hearing at 2:44 p.m. Mr. John Blum, of Carter and Associates and who was representing the applicants, felt that the 4 3/19/15 P&Z
applicants were more concerned with conflicting hours, not the extension of hours. He said they probably could extend the hours so it is not restricting the use as long as they don t occur at the same time. Mr. Lauffer felt that should be an agreement between the two parties, rather than on the Site Plan itself. Mr. Croteau said many churches have events in addition to their normal service. If the Church wants to have an event during the weekend or in the evening during the week, this would require them to ask permission from Strunk Funeral Home. He was not sure the Church would want to put themselves in that position. Mr. Mike Ochsner, Administrative Pastor of the Church, said they have a very good working relationship with Strunk Funeral Home. The idea of restricting the hours was not because they wanted to restrict the hours, but to have the City understand that they were not going to have a parking conflict. He said they do have meetings during the week, but the attendance is small. Mr. Croteau asked do the applicants have any problems with any of the restrictions listed by staff. Mr. Blum answered no. Ms. Pelensky asked are most of the interior trees being removed. Mr. Blum answered no. He said the ones they would be removing that are of value are some Oak Trees that are in declining health. The Chairman opened the public hearing at 2:54 p.m. Ms. Anne Druset (spelling may be incorrect), 835 18 th Street, said that she lives in Villa Mar Condominiums, which abuts the property. She said that they (she and her neighbors) are concerned about the dust from the construction and would request that additional things be done to keep the dust down. They would request that the construction vehicles not use 18 th Street because it is mostly residential. She said there are several trees in front of the condominium that provide shade, cooling, and privacy. She asked will those trees be removed. Mr. Blum said they would need to get a construction permit from the Department of Environmental Protection (DEP) to reduce offsite pollutant discharges. He said they would water the site to help with the dust. He reported that most of the trees along the common property lines will be preserved. Ms. Druset asked that they move the proposed trash receptacle from the northeast of the property because there are residential homes in that area. Mr. Blum agreed to moving the trash receptacle to another location. Mr. Lauffer suggested that the Board add that as a condition to Site Plan approval. Ms. Druset referred to the construction vehicles. She asked can they use another entrance other than on 18 th Street. Mr. Blum did not think that would be a problem, but he did not want to commit to not using 18 th Street. He said once a contractor is selected they could meet with Ms. Druset to discuss their 5 3/19/15 P&Z
schedule. The Deputy City Clerk swore in Mr. David Forton (spelling may be incorrect). Mr. David Forton said that he is Ms. Druset s brother and he also lives in Villa Mar Condominiums. He said that he is also concerned about the dust. He asked that the construction vehicles use an entrance other than 18 th Street. Mr. Blum said that once a contractor is selected they would meet with the Villa Mar Condominium Association. Mr. Cahoy said that he also had concerns about construction dust, as well as construction going on next to the condominium. He said their property line is close to the condominium and questioned if a temporary fence could be constructed. Mr. Blum did not think that would be a problem. Mrs. Hillman suggested that once a contractor is selected that they meet with the Condominium Association and that both the contractor and the Condominium Association have one contact person. The Chairman closed the public hearing at 3:10 p.m., with no one else wishing to be heard. Mr. Croteau made a motion that the Board approve Site Plan Application # SP15-000004 with the conditions listed by staff and the additional condition that they relocate the trash receptacle away from the northeast corner of Parcel B. Ms. Pelensky seconded the motion and it passed 5-0 with Mrs. Hillman voting yes, Ms. Pelensky yes, Mr. Croteau yes, Mrs. Minuse yes, and Mr. Lauffer yes. IV. PLANNING DEPARTMENT MATTERS None V. BOARD MEMBERS MATTERS Mrs. Minuse said people are not seeing these site plan notices because they are no longer reading newspapers like they use to. Mr. McGarry reported notices are sent to the property owners that live within 500 feet of a project, the City posts the property, there are neighborhood meetings, and the City posts a notice in the newspaper. Mrs. Minuse asked has the City ever posted their notices on the City s website. Mr. McGarry said meeting agendas and backup materials are listed on the City s website. VI. ADJOURNMENT Today s meeting adjourned at 3:32 p.m. /sp 6 3/19/15 P&Z