[1. CALL TO ORDER]
[00:00:10]
>> GOOD AFTERNOON, THIS IS THE PLANNING BOARD MEETING OF MAY 10TH, 2021. IF THIS IS NOT WHERE YOU WANT TO BE, MIGHT BE A GOOD TIME TO TR TRY TO FIND YOUR WAY. IF IT IS AND YOU HAVE ONE OF THESE DEVICES, PLEASE TURN IT OFF AND IF YOU WOULD, STAND WITH US FOR THE PLEDGE OF ALLEGIANCE.
>> THANK YOU. CALL THE ROLL, PLEASE.
>> MISS CLEMSON, MR. BRODERICK. >> MISS BAKER.
>> PRESENT. >> MISS JOHNSON SCOTT,
>> CHAIRMAN FRANK CREYAUFMILLER. >> MISS JOHNSON-SCOTT AND MISS
CLEMENS CALLED IN. >> WITH A REASONABLE EXCUSE FOR
NOT ATTENDING. >> VERY GOOD, THANK YOU. I
[a. Minutes from the April 12, 2021 meeting]
ENTERTAIN A MOTION FOR THE MINUTES.>> WE HAVE A MOTION AND A SECOND. CALL THE ROLL, PLEASE.
>> CHAIRMAN CREYAUFMILLER. >> YES, MA'AM.
>> BEFORE I MOVE INTO NEW BUSINESS, I WOULD LIKE TO JUST MENTION A COUPLE OF THINGS OF WHAT I THINK WAS OF INTEREST.
JUSTICE JOSEPH HATCHET PASSED AWAY IN TALLAHASSEE ON APRIL 30TH. JUSTICE HATCHET WAS THE FIRST MEMBER OF THE -- BLACK MEMBER OF THE FLORIDA SUPREME COURT APPOINTED IN 1975 HE WAS THEN ELEVATED TO THE 5TH U.S. DISTRICT COURT OF APPEALS FOR YEARS LATER BY PRESIDENT JIMMY CARTER. I JUSTICE HATCHET WAS 88 YEARS OLD AND I THOUGHT THAT WAS FULLY APPROPRIATE TO TALK ABOUT HIM A LITTLE BIT TODAY BEING THAT HE WAS THE FIRST BLACK JUSTICE ON OUR SUPREME COURT HERE IN FLORIDA. AND I -- WHEN I LOOKED AT THAT, I WONDERED FOR -- STILL DO, WHY DID IT TAKE SO LONG? ALSO, WE LOST AN AMERICAN ASTRONAUT, MICHAEL COLLINS, DIED APRIL 28. HE WAS 90 YEARS OLD, ASTRONAUT COLLINS WAS BEST KNOWN AS THE FORGOTTEN ASTRONAUT. HE WAS THE COMMANDER OF THE APOLLO 11, AND HE KEPT THE SPACECRAFT FLYING AROUND THE MOON WHILE ASTRONAUTS NEIL ARMSTRONG AND BUZZ ALDRIN BECAME THE FIRST MEN TO WALK ON THE MOON. THAT WAS ON JULY 21ST, 1969. I CAN REMEMBER THAT DATE AND DAY LIKE IT WAS YESTERDAY. BUT I ALSO THOUGHT ABOUT SOMETHING, PERHAPS HE WAS THE FIRST UBER DRIVER. DO YOU THINK? IF IT HAD NOT BEEN FOR ASTRONAUT COLLINS, ASTRONAUT ARMSTRONG AND ALDRIN MAY NOT HAVE BEEN ABLE TO MAKE IT BACK. WE ALSO HAD A CHANGE IN SOME THINGS IN OUR PLANNING DEPARTMENT THIS WEEKEND. AND I WANT TO CONGRATULATE MISS HOFMEISTER FOR HER WEDDING THIS WEEKEND. I DON'T -- I DIDN'T GET A NOTE ON YOUR NEW LAST
NAME. >> IT WOULD BE HOFMEISTER-DREW.
>> YOU'RE GOING TO HAVE TO HELP ME WITH THAT ONCE IN A WHILE.
>> I HAVE FLASH CARDS. >> VERY GOOD.
>> REALLY LARGE PRINT, TOO? >> EXTRA LARGE PRINT. VERY GOOD. AND WE HAVE A NEW INTERN I SHE STILL IN THE CHAMBER? WHY DON'T WE BRING HER UP AND YOU CAN INTRODUCE HER.
>> ALL RIGHT. BOARD MEMBERS, I WAS GOING TO DO IT IN THE DIRECTORS REPORT. THIS IS BRIGETTE MURPHY, COMING TO US FOR THE SUMMER. SHE'S A COLLEGE STUDENT ATTENDING THE UNIVERSITY OF FLORIDA, GETTING A DEGREE IN URBAN PLANNING. THERE'S
ACTUALLY A SPECI SPECIALTY. >> BRIGETTE, CAN YOU TALK IN THE
[00:05:03]
MICROPHONE? >> I'M SORRY. YES. I'M MAJORING IN SUSTAINABILITY IN A BUILT ENVIRONMENT SO IT AS ENVIRONMENTAL FOCUS. WHEN I GET A MASTERS, I HOPE TO DO COASTAL PLANNING OR INTERESTING AREAS IN ENVIRONMENT TYPES OF URBAN
>> IMPRESSIVE. >> AWESOME. WE'RE EXCITED. WE HAVE ROOM FOR HER THIS YEAR. WE'RE GETTING A COMPUTER SET UP FOR HER TOMORROW AND HANGING SOME PICTURES.
>> WE HAVE YOU FOR THE WHOLE SUMMER? OH, YOU'RE GOING TO
HAVE FUN. >> I MENTIONED IN PREPLANNING BOARD MEETING TO MISS BRIGETTE THAT MR. GILMORE STARTED AS A INTERN HERE IN THE CITY OF FORT PIERCE IN THE PLANNING DEPARTMENT SO MAYBE THERE'S REALLY GOOD THINGS COMING YOUR
>> VERY GOOD, THANK YOU. >>> FIRST ITEM ON THE NEW
[a. Annexation - 2261 Peters Road - Six (6) Parcels - Kings Highway Commerce Park]
BUSINESS, IS THE ANNEXATION AT 2261 PETERS ROAD. SIX PARCELS INVOLVED. AND IT -- WHEN THIS IS ALL OVER IT'S GOING TO BE CALLED KINGS HIGHWAY COMMERCIAL PARK, CORRECT?>> OR COMMERCE PARK. >> OR COMMERCE PARK.
COMMERCE PARK. THAT'S EXACTLY WHAT YOU'VE GOT HERE. NEED
BIGGER LETTERS. OKAY. >> SO GOOD AFTERNOON, CHAIR AND
MEMBERS OF THE BOARD. >> BEFORE WE BEGIN, MY COMPUTER SCREEN ISN'T WORKING SO I CAN'T SEE ANYTHING.
SORRY ABOUT THAT. >> THAT'S OKAY.
>> IT LOOKS LIKE HE'S -- >> I THINK HE'S WORKING ON IT.
>> I HAVE MY GLASSES ON, I WOULD HAVE STARED AT HIS SCREEN BUT I
DON'T HAVE THEM TODAY. >> THESE WON'T DO YOU ANY GOOD,
TRUST ME. >> THAT WOULD BE AWESOME. SORRY
ABOUT THAT. >> THANKS FOR SAYING SOMETHING.
>> ALL RIGHT. GOOD AFTERNOON, CHAIR AND MEMBERS OF THE BOARD.
BEFORE YOU TODAY IS AN APPLICATION FOR ANNEXATION OF SIX PARCELS AT OR NEAR 2261 PETERS ROAD. THE PROPERTIES HAVE A COUNTY FUTURE LAND USE OF MIXED USE AND I SHOULD HAVE PUSSED THE PROPOSE FUTURE LAND USE AT GENERAL COMMERCIAL BECAUSE IT'S GOING TO BE A COMBINED PROJECT WITH THE THREE PARCELS THAT HAVE FUTURE LAND USE. THE ZONING ON THE PROPERTIES WILL BE RS-2 -- SORRY, E2, AS THE COUNTY HAS AN RS-2 ZONING OF RS-2. STAFF IS RECOMMENDING APPROVAL OF THE PROPOSED ANNEXATION AND RECOMMENDS APPROVAL TO THE CITY COMMISSION. SO YOU KNOW, THERE WILL BE REZONING APPLICATIONS FOR THE SIX PARCELS PLUS THREE PARCELS TO THE WEST TO REZONE FROM THEIR CURRENT ZONING DESIGNATIONS TO CP1 COMMERCIAL PARKWAY. YOU WILL SEE THAT AT THE NEXT PLANNING BOARD MEETING THEN A SITE BOARD FOR TECHNICAL REVIEW COMMITTEE FOR A WAREHOUSE DISTRIBUTION CENTER. THAT WILL COME AT A LATER DATE, PROBABLY JULY OR AUGUST. IF STAFF RECOMMENDS APPROVAL OR DISAPPROVAL, I'LL BE AVAILABLE
FOR ANY QUESTIONS. >> QUESTIONS FROM THE BOARD TO
MR. CREAGAN? >> I JUST HAVE ONE. IT'S COMING IN IN A RESIDENTIAL CAPACITY THEN COMING IN FOR CHANGE OF USE. SO IT'S SIMULTANEOUS. THIS GETS -- PROCEDURALLY THIS NEEDS TO BE DEALT WITH FIRST THEN THE ZONING CHANGE AND SUBSEQUENT TO THAT IS THE SITE PLAN REVIEW?
>> THE COMP PLAN GIVES US THE ABILITY TO DESIGNATE ALTERNATE LAND USE BUT AS FAR AS ZONING, WE HAVE TO GIVE IT LIKE ZONING.
>> I DON'T THINK WE'VE SEEN IT STAGED LIKE THAT PREVIOUSLY SO THAT'S NOT TOO OFTEN WE SEE THAT.
>> WE HAVE DONE IT ONE OTHER TIME AND MIDWAY ROAD. IT WAS GOING TO HAVE R5 BUT IT HAD A FUTURE LAND USE.
>> IT'S A TRANSITION AIRY PERIOD.
>> YES. >> THE QUESTION I HAD WAS THE LITTLE SLIVER THAT IS BETWEEN THE TWO PARCELS THAT IS ON THE
MAP. WHO OWNS THE SLIVER? >> THAT'S IN THE CITY LIMITS.
IF YOU SEE -- I'M GOING TO USE THE MOUSE TO POINT.
THIS PARCELL HERE AND THIS PARCEL HERE ARE ONE PARCEL WITH ONE PARCEL ID. SOMETIME WHEN THIS PARCEL WAS BROUGHT IN THERE MUST HAVE BEEN AN AGREEMENT WITH THIS PROPERTY OWNER FOR ROAD ACCESS SO THAT'S WHY IT'S SPLIT THAT WAY.
>> YOU SAY THAT'S ALREADY IN THE CITY?
[00:10:01]
>> WHAT WILL HAPPEN TO THAT MOVING FORWARD? THAT LITTLE
SLIVER. >> WHAT'S GOING TO HAPPEN WITH THESE PROPERTIES, I GUESS I'LL GIVE FORESHADOWING IT. THEY'LL BE COMBINED INTO ONE LARGE PROPERTY THEN THERE IS FOR THE GOING TO BE A PLAT THAT'S GOING TO BE REQUIRED FOR THIS DEVELOPMENT BECAUSE THEY'RE NOT SPLITTING OFF THE BUILDINGS FOR DIFFERENT OWNERS. IT WILL BE APPROXIMATELY 103 ACRES.
>> WHAT WILL HAPPEN WITH THIS SSECTIONTHAT IS PRESENTLY PLANNE
A STREET? >> IT WILL BE COMBINED INTO THE
OVERALL PARCEL. >> IS THAT SOMETHING SOMEONE WILL HAVE TO PURCHASE FROM THE CITY -- IS IT CITY OWNED
PROPERTY? >> NO, IT'S ACTUALLY A PARCEL THAT'S A PRIVATE PARCEL SO IT'S NOT A CITY RIGHT AWAY.
>> SO STILL OWNED BY THE PROPERTY OWNER, IT JUST SHOWED IT WAS LIKE AN AN EASEMENT BUT HE OWNED IT.
>> PROBABLY AFTER IT GOT BROUGHT IN BY THE CITY IT WAS SPLIT OFF AND WASN'T REFLECTED IN THE ZONING MAP BECAUSE WE DIDN'T
KNOW IT WAS SPLIT OFF. >> THAT MAKES IT EASIER.
>> ONCE EVERYTHING GETS COMBINED TOGETHER, IT WILL LOOK AT ONE
PARCEL. >> ANY OTHER QUESTIONS FOR
STAFF? >> JUST -- THIS IS CURIOSITY.
IF I'M OVERSTEPPING, TELL ME. IS THIS AN INTEREST IN POTENTIALLY WITH THE SIZE OF THIS, OVER 100 ACRES COMBINED, ARE WE LOOKING AT POTENTIALLY LARGE DISTRIBUTION CENTERS
SIMILAR TO RECENTLY APPROVED? >> THAT'S THE INTENT OF WHAT'S GOING ON HERE. THE FIRST PHASE IS 435,000 SQUARE FEET AND THERE'S A POTENTIAL FOR 1.9 MILLION SQUARE FEET OF WAREHOUSE FACE FOR THE ENTIRE DEVELOPMENT.
>> WOW. THAT'S IMPRESSIVE. >> THERE'S ACTUALLY ONE OTHER PARCEL ON THE SITE PLAN THAT ISN'T ADDRESSED RIGHT NOW, SO IT
COULD ADD MORE THAN 1.9 MILLION. >> THAT'S AN INTERESTING CONCEPT BECAUSE APPARENTLY FORT PIERCE AND THE INTERSECTION OF THE HIGHWAY INTERCONNECTTY IS SPURRING INTEREST IN DISTRIBUTION CENTERS AND THAT BODES WELL FOR EMPLOYMENT AND TAX REVENUE, A LAUNDRY LIST OF VERY POSITIVE ITEMS, ESPECIALLY IF THE CITY CAN BE SOMEWHAT KNOWN AS A HUB FOR THAT ACTIVITY. IN YOUR OPINION, IS THAT WHERE YOU SEE THE DIRECTION
OF THAT AREA GOING FURTHER? >> YES, THAT'S ACTUALLY EXACTLY WHY STAFF, WHEN IT GOES TO THE REZONING STAGE, WE SUGGESTED CP1, MORE OF A MIXED USE COMMERCIAL INDUSTRIAL TYPE OF ZONING AND IT FITS MORE THE WAREHOUSE THAN, YOU KNOW, TRYING
TO FIT IT INTO C3 OR I1. >> GOOD THINKING. IT MAKES A
LOT OF SENSE. >> WE'VE GOT 95, TURNPIKE AND A RAIL YARD SO WE'RE POISED FOR BIG THINGS. ANY FURTHER COMMENTS OR QUESTIONS? NOT HEARING, I'LL OPEN THE PUBLIC PORTION OF THE MEETING. IS THE APPLICANT HERE BY CHANCE? VERY GOOD. IF YOU WOULD STEP FORWARD, PLEASE. STATE YOUR NAME AND ADDRESS FOR THE RECORD IS THERE A SIGN-IN SHEET THERE?
>> YES. >> JEFF JEFF IRAVANI, ON WITH BEHALF OF THE APPLICANT AND PROPERTY OWNERS. MR. CHAIRMAN, BOARD MEMBERS, GOOD AFTERNOON. WE'RE HERE TO ANSWER ANY QUESTIONS. THIS IS GOING TO BE 109-ACRE DISTRIBUTION CENTER AND PHASE I IS COMING YOUR WAY SHORTLY.
>> WE'RE EXCITED. >> WE ARE TOO.
>> QUESTIONS FOR THE APPLICANT? >> JUST CURIOSITY, DO YOU EXPECT ONCE YOU GET APPROVAL FROM THE CITY YOU'LL COME OUT OF THE
GROUND SHORTLY THEREAFTER? >> ABSOLUTELY, THE OWNER'S INTENT IS TO CONSTRUCT AS SOON AS POSSIBLE. WE'RE HOPING TO START CONSTRUCTION ON THE FOURTH QUARTER AROUND SEPTEMBER. I BELIEVE IT WOULD TAKE THAT LONG TO GET ENTITLEMENTS AND PERMITS.
>> WE WANT TO SPEED YOU ALONG. >> WE APPRECIATE THAT.
>> THAT'S FOR SURE. HOPEFULLY YOU HAVE INTERESTED PRELEASING GOING ON TO MOVE BLOCKS OF A SPACE OF 400,000 SQUARE FEET.
IMPRESSIVE. >> THE OWNERS HAVE DONE A SIMILAR PROJECT ON THE WEST COAST IN TAMPA AND THAT'S WHAT
THEY SPECIAL IN. >> THANK YOU.
>> THIS IS GREAT. THANK YOU VERY MUCH, SIR.
>> THANK YOU. >> IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK TO THIS PROJECT? PLEASE STEP FORWARD.
NOT SEEING ANYONE, I'LL COME BACK TO THE BOARD. ANY FURTHER COMMENTS OR QUESTIONS? NOT HEARING ANY, I WILL ENTERTAIN A
>> SECOND. >> WE HAVE A MOTION FROM
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MR. BURDGE AND A SECOND FROM MR. BRODERICK, CALL THE ROLE.[b. Conditional Use - Lucky 7 Arcade - 1702 Delaware Avenue]
>> NEXT ITEM ON OUR LIST IS ITEM B. CONDITIONAL USE, LUCKY 7 ARCADE AT 1702 DELAWARE AVENUE AMR. GILMORE IS OUR PRESENTER.
>> GOOD AFTERNOON. PLANNING CHAIRMEN AND BOARD MEMBERS, THIS IS A CONDITIONAL USE WITH NO NEW CONSTRUCTION FOR THE SUBJECT PROPERTIES LOCATED AT 1702 DELAWARE AVENUE. THE SUBJECT PROPERTY IS AT THE NORTHWEST CORNER OF SOUTH 17TH STREET AND DELAWARE AVENUE IN THE OKEECHOBEE ROAD INTERSECTION.
THE PROPERTY IS APPROXIMATELY 1.28 ACRES. AND IT HAS A FUTURE LAND USE OF GENERAL COMMERCIAL. WITH A ZONING OF C3 GENERAL COMMERCIAL. THE SITE PLAN FOR THE PROPOSED AMUSEMENT ARCADE WILL -- THE ARCADE WILL CONSIST OF A 5,898 SQUARE FEET FACILITY DEDICATED TO ADULTS AGES 18 YEARS OF AGE AND UP. HOURS OF OPERATION, 8:00 A.M. TO 12:00 A.M., SUNDAY THROUGH SATURDAY, 5 TO 10 STAFF PRESENT AT ALL TIMES. THERE WILL BE 56 PARKING SPACES WITH THREE DESIGNATED HANDICAPPED SPACES.
THE FLOOR PLAN, THE SUBJECT SITE'S BUILDING IS APPROXIMATELY 7,900 SQUARE FEET. IT WAS PREVIOUSLY A RESTAURANT AND BAR/NIGHTCLUB. THE PROXIMATE EXISTING STRUCTURE WILL BE DIVIDED INTO TWO USES BY A PROPOSED FIREWALL. THE PROPOSED RESTAURANT WILL HAVE A SEPARATE ENTRANCE AND SHARE THE BUILDING AND PARKING. THE PARKING CALCULATION INCLUDES REQUIRED PARKING FOR BOTH USES. THE CONDITIONAL USE APPROVAL IS ONLY FOR THE ARCADE AMUSEMENT CENTER ONCE AGAIN, STAFF IS RECOMMENDING APPROVAL WITH 13 CONDITIONS FOR THE ARCADE AMUSEMENT CENTER WITH 50 ARCADE MACHINES.
NUMBER ONE, PLEASE INSTALL A BICYCLE RACK WITH A MINIMUM OF FIVE SPACES WHICH THE APPLICANT HAS PLACED ON THEIR SITE PLAN.
NUMBER TWO, ALCOHOL SALES OR CONSUMPTION SHALL BE PROHIBITED IN THE AMUSEMEN ARCADE AND CENTERS, ALCOHOL SALES OR CONSUMPTION SHALL BE PROHIBITS IN THE ATTACHED RESTAURANT.
325, AMUSEMENT ARCADES AND CENTERS. NUMBER 4, LANDSCAPE COST ESTIMATE, CERTIFIED LETTER OF COMPLETION BY A CERTIFIED FLORIDA LANDSCAPE ARCHITECT MUST BE PROVIDED BEFORE CERTIFICATE OCCUPANCY. THE LANDSCAPING MUST SUPPLY WITH THE CITY'S ORDINANCE. THE APPLICANT MUST SUBMIT A PLAN WITH NEW TREES AND PLANTINGS THAT MEET CITY CODE ST. PSTANDARDS. THE LIGHTING REQUIREMENTS. THE APPLICANT MUST SATISFY THE TWO FOOT-CANDLE MINIMUM FOR THE PARKING AREA LIGHTING. NUMBER 7, INCLUDE A SIDEWALK CONNECTION TO THE BUILDING FROM THE SIDEWALK AROUND DELAWARE TO THE ENTRANCE NUMBER 8, PROVIDE A SEPARATE GAILED ENTRANCE TO THE REFUSE COLLECTION AREA FOR EMPLOYEE ACCESS. NUMBER 9, A SIDEWALK CONNECTION STRIPING TO THE REFUSE CONNECTED GATING AND ENTRANCE. NUMBER 10, THIS IS FOR THE SCREENING OF THE REFUSE COLLECTION AREA. THERE MUST BE A SIX FOOT TALL WALL THAT SURROUNDS IT, THE PERIMETER, TO SCENE ALONG WITH ONE SHRUB OR HEDGE PLANTED AT TWO FOOT CENTERS. ALSO, NUMBER 11, THE PARKING SHALL BE PERMITTED WITHIN THE 8,003 -- NO PARKING SHALL BE PERMITTED WITHIN THE 8,361 SQUARE FEET GRASS AREA, WHICH IS TO THE WEST. IT'S PAR OF THE PARCEL THAT NEEDS TO BE COMBINED. NUMBER 12, ADULT ENTERTAINMENT PER THE CITY OF FORT PIERCE DEFINITION IS NOT ALLOWED, HOWEVER AN ARCADE AMUSEMENT CENTER WITH ENTERTAINMENT FOR ADULTS 18 OR OLDER IS PERMITTED THROUGH
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CONDITIONAL USE APPROVAL. THIS CONDITION WAS ADDED FROM COMMENTS FROM THE BUILDING DEPARTMENT. IN OUR CODE, THERE'S AN EXACT DEFINITION FOR ADULT ENTERTAINMENT. IT WAS JUST MENTIONED IN THE NARRATIVE SO WE'RE CLARIFYING THAT THE ONLY USE THAT WOULD BE ALLOWED PER APPROVAL WOULD BE THE AMUSEMENT ARCADE. AND NUMBER 13, A LOT COMBINATION AND UNITY OF TITLE FOR BOTH PARCELS TO PROVIDE CONTINUAL ACCESS FOR SUSTAINABLE COMMERCIAL SITE MUST BE COMPLETED. PART OF THE DRIVEWAY IS SPLIT WITH THE OTHER PARCEL. THE INTERNAL DRIVEWAY.THAT'S IT. THE PLANNING BOARD HAS THREE POSSIBLE ACTIONS, APPROVAL OF ALL 13 CONDITIONS, NO CHANGES, APPROVAL OF THE CONDITIONAL USE WITH CHANGES, OR DISPROFESSIONAL OF THE
CONDITIONAL USE. >> MR. CHAIR?
>> QUESTIONS FOR MR. GILMORE OR THE BOARD? YES.
>> CAN YOU TELL ME -- DO YOU HAVE A PIECE OF DATA HERE DEALING W WITH THE ILLUME NAREY, WHAT IS THE CHART THE NEXT PAGE I DON'T KNOW IF THAT'S TOPOGRAPHICAL, A SURVEY FOR LAND OR IS THAT THE SURVEY FOR THE INTENSITY OF THE LIGHTS THAT
WILL BE PROVIDED? >> ONE MOMENT.
>> IT'S ON THE BACK OF THIS ONE. >> LARGE FILE. OKAY. IS IT THE
ONE WITH THE LIGHT FIXTURE? >> YES, ON THE BACK OF THAT ONE
>> WHAT IS THAT? >> OH, THAT IS A PHOTO METRIC SURVEY SHOWING THE AVERAGE FOOT CANDLES. WE'RE JUST -- THAT COMMENT THAT WE PUT IN THERE IS JUST TO MAKE SURE THEY -- THEY HAVE TO MEET THE MINIMUM TWO FOOT CANDLES.
>> LET ME GO A LITTLE BIT FURTHER. ONE OF THE RECOMMENDATIONS YOU'RE ASKING US TO CONSIDER IS THAT THE 8,000 SQUARE FEET GRASSY AREA IS NOT TO BE USED FOR PARKING.
>> BECAUSE THEY'RE NOT MAKING IMPROVEMENTS TO THAT.
>> IT'S CURRENTLY A GRASS -- IT'S NOT EVEN A GRASSY AREA RIGHT NOW. IT APPEARS THAT THERE'S LIKE A DIRT AREA BACK IN THERE. IT LOOKS LIKE SOMEBODY'S BEEN USING IT FOR PARKING OR SOMETHING BACK THERE. BUT YOU'RE ASKING FOR THEM TO LIGHT
>> RIGHT IN -- WHERE IT SAYS NUMBER 4, NUMBER 9, ALL THOSE ARE NUMBERS FOR ILLUMINATION, AREN'T THEY?
>> YES. THIS WAS WHAT THEY PROVIDED BUT ON THEIR SITE PLAN, AS YOU CAN SEE, THEY'RE NOT MAKINGNY IMPROVEMENTS AT ALL ON THE SITE PLAN. IF YOU GO BACK THE SITE PLAN, IT SAYS GRASS.
>> I UNDERSTAND THAT. BUT UNDER THE -- SOMEBODY'S ASKING THEM TO
LIGHT THAT PARKING LOT. >> THAT'S WHY WE PUT THE COMMENT, NO PARKING. THEY CAN PUT LIGHTS THERE IF THEY WANT BUT THERE'S NO PARKING. IF THEY BREAK THAT, THEY BREAK
CONDITIONAL USE APPROVAL. >> WHY ARE WE LIMITING THEM NOT
TO BE ABLE TO PARK THERE? >> BECAUSE PER CODE, IF YOU'RE GOING TO HAVE PARKING SPACES FOR VEHICLES, YOU HAVE TO PAVE -- YOU HAVE TO PROVIDE DRAINAGE, GRADING AND THEY'RE NOT DOING
ANY OF THAT. >> I KNOW THAT IN SOME AREAS OF
THE CITY WE ALLOW GRASS PARKING. >> FOR CHURCHES.
>> WELL ... >> FOR OVERFLOW PARKING FOR
CHURCHES. >> I'M SURE SOME PEOPLE HERE MIGHT CONSIDER THAT AREA FOR PARKING. IF IT'S USED FOR PARKING, WHO IS GOING TO STOP THEM? I'M NOT SAYING THEM BUT THE PERSON WHO PARKS THERE. I DON'T KNOW HOW -- I DON'T WANT TO SAY SUCCESSFUL, BECAUSE I HOPE THEY'RE SUCCESSFUL. BUT IF THAT PLACE GETS LOADED UP AND THERE'S NO PARKING, PEOPLE ARE
GOING TO PARK THERE. >> THAT WOULD BE A CODE VIOLATION, WE WOULD BE IN VIOLATION OF CONDITION OF
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APPROVAL BUT PERHAPS WE CAN GET CLARITY FROM THE APPLICANT. IN THEIR INTENTION IS TO PARK THERE, THEY WILL HAVE TO EITHER PROVIDE PER CODE, ASPHALT PARKING WITH WHEEL STOPS OR THEY WILL HAVE TO GET APPROVAL BY THE CITY ENGINEER FOR ALTERNATIVE PARKING. RIGHT NOW THE ONLY PLACE WHERE WE ALLOW OVERFLOW GRASS PARKING IS FOR CHURCHES, NONPROFIT.>> OKAY. AT LEAST I -- >> LET'S ALSO TRY TO SOLVE THIS PARKING DISCUSSION. HOW MANY SPACES ARE REQUIRED FOR THIS
OERATION? >> FOR THIS ONE, FOR THE -- THEY
NEEDED, I THINK FOR THE. >> ARCADE.
>> I THINK IT WAS -- >> 56 SPACES I BELIEVE IS WHAT
YOUR DOCUMENT SAYS. >> SO THEY NEED ONE FOR --
>> THREE DESIGNATED HANDICAP AND 56 SPACES.
>> I CALCULATED IT MYSELF. >> SO PER CITY CODE SECTION 125 -- 325, YOU NEED .375 FOR EVERY MACHINE. SO THEY ONLY REQUIRE 38. AND THEN THE RESTAURANT -- 56 MINUS 38 --
ONLY NEEDS 18. SO -- >> THE NUMBER YOU HAVE HERE THE 56 IS HOW MANY SPACES ARE AVAILABLE ON PAVED SURFACES? WHICH IS, BY CODE, WHERE THEY CAN PARK.
>> CORRECT. >> ANYTHING OUTSIDE OF PAVED SURFACES BY OUR CITY CODE, THEY SHOULDN'T BE PARKING ON ANYWAY.
THE MANAGEMENT OF THE FACILITY CAN'T OFFER IT AS A PARKING
>> SHOULD SOMEONE CHOOSE TO PARK THERE, THAT'S A DIFFERENT
DISCUSSION AGAIN, CORRECT? >> YES.
>> SO THEY HAVE AMPLE PARKING, MR. BURDGE.
>> BUT IF WE WERE TO ELIMINATE KNOW PARKING PERMITTED IN THE GRASSY AREA, WE -- THE CITY WOULDN'T BE PUTTING ANY ENFORCEMENT BY THE HOME -- BY THE BUSINESS AND WOULDN'T BE COP STRICTING THEM THAT OTHER PATRONS MAY PARK THERE AND BE CITED FOR CODE VIOLATION AND MIGHT USE CONDITINAL USE FOR
THE ARCADE. >> WE HAVE ONE OF THESE CONDITIONS OUT TO THE APPLICANT AND REITERATED IT TODAY.
>> IT'S RIGHT HERE IN THE PAPERWORK.
>> THE APPLICANT -- >> I DON'T UNDERSTAND WHERE
YOU'RE GOING, MR. BURDGE. >> I WOULD LIKE TO ELIMINATE THE
ASPECT PEOPLE CAN'T PARK THERE. >> THEN WE WOULD BE VIOLATING
OUR OWN CITY CODE. >> BUT IT'S A GRASSY AREA AND IF PEOPLE PARK THERE, THEY PARK THERE. I DON'T THINK WE SHOULD
PUT THE -- >> YOU CAN MAKE A MOTION TO THAT
EFFECT AND SEE IF IT PASSES. >> CHAIRMAN, THAT WOULD BE IN
VIOLATION OF OUR CODE. >> WE WOULD BE VIOLATING OUR OWN CITY CODE. SO THE MOTION -- WAS MADE AND IT PASSED, THIS BOARD WOULD BE VIOLATING OUR OWN CITY CODE.
>> COULD I HAVE INTERPRETATION OF THAT, PLEASE, WHAT MR. CRAFT
MILLER IS SAYING? >> YOU CAN LOOK IN OUR CODE, CHAIRMAN, BOARD MEMBER, BUT RIGHT NOW, AS I INDICATED, WHEN IT COMES TO PARKING AREAS WHERE YOU CAN PARK FOR COMMERCIAL OPERATION, IT CANNOT BE JUST A GRASSED AREA. YOU DO HAVE TO MEET PARKING REQUIREMENTS, SURFACE PARKING REQUIREMENTS FOR COMMERCE USES. THE ONLY PLACE WE WOULD ALLOW FOR GRASS PARKING IS FOR CHURCHES. WE DO NEED CLARIFICATION, THE OWNER CAN STAND BEFORE THE BOARD. BUT IN THEIR INTENTIONS ARE TO PARK, THEN THEY NEED TO COME INTO COMPLIANCE WITH PARKING. IT COULD BE AN ALTERNATIVE BUT IT HAS TO BE APPROVED BY THE CITY
ENGINEER. >> IF THE INTENTION IS NOT TO PARK THERE, WHY DO THEY NEED TO MAKE LIGHTING IMPROVEMENTS AND
TAKE INTO CONSIDERATION -- >> WE DID.
NO WE WOULD HAVE THAT MODIFIED. IT'S NOT SIGNED AND SEALED.
THAT WOULD BE REQUIRED AT THE TIME OF BUSINESS TAX RECEIPT.
>> MY SUGGESTION IS WE DISCUSS THIS WITH THE APPLICANT. A DIST WITH THE -- THEY'RE PLANNING ON INSTALLING TENS OF THOUSANDS OF
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DOLLARS OF WIRING AND ELECTRIC POLES FOR A GRASSY AREA THAT'S NOT SUPPOSED TO BE PARKED IN. IF THAT'S TRUE, IT'S A DISCONNECT. LET'S GET THE APPLICANT UP HERE AND GET CLARIFICATION. LET'S FIND OUT BEFORE WE BEAT THIS THING TODEATH ANY FURTHER. >> I'LL ALLOW THAT.
>> IS THE APPLICANT IN THE HOUSE?
>> THE OWNER IS, THE OWNER. >> DO YOU HAVE REPRESENTATION?
>> NO, I DON'T. NOT WITH ME RIGHT NOW.
>> OKAY. YOU MAY STEP UP. STATE YOUR NAME AND ADDRESS,
PLEASE. >> MARIA ALVAREZ, THE HOUSE OR
BUSINESS ADDRESS? >> HOWEVER YOU CHOOSE. BUSINESS
ADDRESS IS PROBABLY THE WHYEST. >> 1702 DELAWARE AVENUE IN PLANNING BOARD, FLORIDA, 34950. AND WOULD YOU SIGN IN, PLEASE.
>> OKAY, WILL DO. >> THANK YOU.
>> HAVE YOU OPENED THE PUBLIC MEETING?
>> I JUST OPENED IT FOR THE APPLICANT.
>> I'M SORRY, GO AHEAD. >> YOU HEARD THE DISCUSSION CONCERNING PARKING. PERHAPS YOU CAN SHED SOME LIGHT ON THIS.
>> SO FOR THE -- RIGHT NOW, AS FAR AS I KNOW, THE PARKING WE HAVE IS JUST THE CURRENT AREA, THE EXTRA LOT, THE PARCEL THEY'RE SHOWING, WE DON'T HAVE ANYTHING FOR USE OF PARKING.
I'M NOT SURE WHY THESE LIGHTING GOING ON THERE NOW BUT WE'RE NOT GOING TO USE ANYTHING ON THAT SIDE. SO THERE SHOULDN'T BE NO PARKING, NO PAVEMENT. THERE'S NO USE AT ALL FOR THAT PARCEL.
>> IS THERE A LIGHT POST OUT THERE NOW THAT'S JUST A SECURITY
LIGHT OF SOME KIND? >> THERE ISN'T. AND TO BE HONEST, LIKE THAT AREA IS CLOSED EVEN ON THE OTHER SIDE. THERE'S LIKE A FENCE. IT'S JUST LIKE -- YOU KNOW. IN THE NIGHTTIME, IT'S DARK. THE ONLY LIGHTING RIGHT NOW IS WHEREVER THAT PARCEL IS WE'RE TRYING TO WORK WITH.
>> OKAY. >> DO YOU KNOW -- ARE YOU THE ONE MAKING THE IMPROVEMENTS OR IS THE APPLICANT, THE ASPECT OF THE BUSINESS GOING TO MAKE THE IMPROVEMENTS?
>> I HAVE SOMEBODY I'M WORKING WITH THAT ARE ACTUALLY -- THAT'S DOING ALL THE IMPROVEMENTS TO THAT AREA. HE'S ACTUALLY
PRESENT HERE. MR. ROBINSON? >> THE ASPECT OF WHAT? IF YOU WERE RELIEVED OF HAVING TO PUT LIGHTS IN THE GRASSY AREA YOU'RE NOT GOING TO USE, YOU WOULD ACCEPT THAT, WOULDN'T YOU?
>> A I'M NOT SURE. THE REQUIREMENTS THEY'RE TELLING ME IS TO PUT LIGHTING IN THE AREA. WE WERE GOING BACK AND FORTH WITH THAT PARCEL SO THAT'S THE CONFUSION. IF THE CITY IS REQUIRING FOR US TO PUT LIGHTNING ON THAT AREA, OF COURSE WE'RE GOING TO DO IT. BUT IF WE'RE -- WE'RE WAITING FOR -- WHAT'S GOING TO HAPPEN WITH THAT PARCEL. WE STILL HAVE
TO COMBINE THAT AS WELL. >> MR. CHAIR, IS THE CITY
REQUIRING THEM TO LIGHT IT? >> NO, NOT THAT PART.
>> THE APPLICANT BELIEVES YOU ARE.
>> I THINK I KNOW WHY SHE MAY BE THINKING THAT. BECAUSE CURRENTLY THE -- THERE'S TWO PARCELS.
AS YOU CAN SEE, THIS IS AN INTERNAL DRIVEWAY, WHICH IS PAVED. WE CAN'T ALLOW A USE THAT HAS -- WHERE THE PARKING, THERE'S NO ACCESS FOR IF SOMEONE'S DRIVING THROUGH THIS DRIVEWAY, WHICH CONNECTS TO 17TH STREET, TECHNICALLY THIS COULD BECOME A DIFFERENT OWNER AND THEY WOULDN'T HAVE COMPLETE ACCESS SO THAT'S THE REASON FOR THE CONDITION OF A UNITY OF TITLE AND LOT COMBINATION. BUT BY US STATING THAT WE'RE NOT STATING THAT SHE HAS TO PROVIDE LIGHTNING FOR THIS PARCEL.
WE'RE JUST STATING THAT THE PARKING LOT WHERE PEOPLE ARE PARKING HAS TO MEET THE CITY'S REQUIREMENT OF A MINIMUM TWO
FOOT-CANDLE. >> SO THEY COULD ELIMINATE THE
LIGHTING IN THE GRASSY AREA? >> YES. WE NEVER SAID THAT.
>> YOU UNDERSTAND THAT YOU CAN ELIMINATE THAT?
>> OKAY. >> THE OTHER THING IS THEY'RE ALSO BEING REQUIRED, AS FAR AS THE DRAWINGS I HAVE, TO
LANDSCAPE THAT AREA ALSO. >> CORRECT. THAT'S ACTUALLY UNDER THE CODE SECTION 125-325 FOR ARCADES THAT YOU HAVE TO BRING THE SITE UP TO CODE. THE CURRENT LANDSCAPE CODE.
>> INCLUDING AREAS THAT THEY'RE NOT GOING TO USE? OR WILL NOT BE ALLOWED TO USE BY THE CITY DIRECTIVE?
[00:35:01]
>> YEAH, WE WOULD HAVE TO ADD LANDSCAPING.
>> I'LL LET THAT ONE GO BECAUSE I LIKE TREES BUT --
>> WE MAY BE CALLING YOU UP AGAIN. THANK YOU VERY MUCH.
>> YES, SIR. >> FOR CLARIFICATION, I'M GOING TO ASSUME MOVING FORWARD IN THE FUTURE IF THEY WANT TO INCREASE THEIR PARKING CAPABILITY, THEY COULD USE L UTILIZE THAT LOT IF THEY IMPROVE TO CITY STANDARDS, LIGHTNING AND CAR STOPS.
>> CORRECT. >> FOR THE TIME BEING, LANDSCAPED AND BEAUTIFIED AND BASICALLY SIT.
>> YEP. >> ANY FURTHER COMMENTS OR
QUESTIONS? >> I DID HAVE SOMETHING ON THE USE PROVISION THAT I WANTED TO TOUCH ON BRIEFLY.
>> GO AHEAD. >> THERE'S NO ALCOHOL, BEER, WINE ALCOHOL SALES ALLOWED IN THE RESTAURANT OR THE ARCADE?
>> THE ARCADE, NO. WE HAVE NOT GOTTEN AN OFFICIAL I GUESS APPROVAL FROM FIRE CONCERNING THE FIREWALL. THEY SAID THEY'RE GOING TO SEPARATE IT BUT IT'S A PRECAUTION TO MAKE SURE THERE'S NO ALCOHOL SERVED IN THE ARCADE AND THE APPLICANT STATED THEY WILL NOT BE SELLING ALCOHOL IN THE RESTAURANT.
>> THAT'S PART OF THE APPROVAL PROCESS. NO ON-SITE CONSUMPTION
OR SALES OF ALCOHOL. >> RIGHT.
>> THAT'S HOW I INTERPRETED THE APPLICATION. THAT WAS MY SENSE WHEN I REVIEWED IT. THE FIREWALL ISSUE, I DON'T WANT TO GET INTO FIRES AS YOUR EXPERTISE BUT THEY'RE BASICALLY SUBDIVIDING A AND NOT HAVING A INTERCONNECT ACTIVITY TO CREATE A TWO-HOUR FIREWALL WITHOUT AUTOMATIC DOORS OR SPRING LETTERS. THEY'RE LITERALLY LOOKING FOR A PHYSICAL SEPARATION BETWEEN THE TWO. SEPARATE EGRESS, ET CETERA, OF
>> THANK YOU. >> WOULD YOU EXPLAIN TO US THE CONDITIONAL USE ON THIS PROPERTY? RIGHT NOW, IT'S BEFORE US FOR THE LUCKY 7 ARCADE.
>> CORRECT. >> AND I KEEP HEARING THAT WE'RE GOING TO EVENTUALLY OPEN A RESTAURANT.
>> YES. >> CONDITIONAL USE THAT WE'RE HEARING TODAY IS NOT FOR A RESTAURANT.
>> CORRECT. >> TO WORK? S GOING TO WORK? WHAT HAPPENS MOVING FORWARD IF THE APPLICANT COMES BACK FOR THE
USE OF THE RESTAURANT? >> IF I MAY, CHAIRMAN. THE CONDITIONAL USE BECAUSE OUR ARCADES ARE CONDITIONAL USE IN C3, THIS IS WHY IT REQUIRES A CONDITIONAL USE. THERE'S A SITE PLAN FOR BOTH, BUT IF THEY COME IN FOR A RESTAURANT, THERE WOULDABLE ONLY INTERIOR CHANGES AND IT'S PERMITTED USE SO IT WOULD JUST GO THROUGH THE BUILDING DEPARTMENT.
>> SO THE CONDITIONAL USE APPLICATION WOULDN'T BE
>> VERY GOOD. >> THE CALCULATION IS ALREADY INCLUDING THE RESTAURANT, CORRECT?
>> CORRECT. >> OKAY. ANY OTHER QUESTIONS? NOT HEARING ANY, I WILL OPEN THE PUBLIC PORTION OF THE MEETING.
IF THE APPLICANT WOULD LIKE TO SPEAK TO US AGAIN TO CLARIFY ANYTHING, YOU'RE WELCOME TO COME BACK FORWARD. YOU'RE HAPPY WITH
>> OKAY. ANYONE ELSE SPEAKING TO THIS PROJECT? NOT SEEING ANYONE, I'LL CLOSE THE PUBLIC PORTION OF THE MEETING AND COME BACK TO THE BOARD. ANY FURTHER COMMENTS OR QUESTIONS?
>> MR. CHAIR, THE ONLY COMMENT I WOULD MAKE IS THAT I'M FAMILIAR WITH THIS PROPERTY. MY OFFICE IS RIGHT UP THE STREET FROM THERE. AND THIS PROPERTY HAS BEEN VACANT FOR AN EXTENDED PERIOD OF TIME. I THINK IT WOULD BE BENEFICIAL TO GET A USE IN THAT AREA. AND IN THAT PARTICULAR SITE. I WOULD SPECULATE THAT BUILDING'S BEEN EMPTY FIVE OR SIX YEARS AND THAT PORTION OF DELAWARE AVE. COULD USE SOME COMMERCIAL ACTIVITY.
THAT WOULD BE MY ONLY SENSE OF IT.
>> ANYTHING ELSE? NOT HEARING ANYTHING, I WILL ENTERTAIN A
MOTION. >> MR. BURDGE, YOU WANT TO TAKE
A WHACK AT IT? >> NO, I'M FINE. MOVE FOR
APPROVAL. >> WITH THE CONDITIONS?
>> WE HAVE A MOTION BY MR. BURDGE, SECONDED BY MR. BRODERICK, CALL THE ROLL, PLEASE.
[00:40:09]
FORWARD THIS CASE TO THE COMMISSION WITH A RECOMMENDATION OF APPROVAL. I THANK THE APPLICANT.>> THE NEXT ITEM IS ITEM C. CONDITIONAL USE, WITH DWELLING
[c. Conditional Use - Dwelling Rental - 1578 Thumb Point Drive]
RENTAL AT THUMB POINT DRIVE. AND REBECCA GUERRA IS PRESENTING. WE'RE HEARING FROM EVERYONE TODAY.>> WELL, SHE'S HERE IN SPIRIT. >> I HAVE A TENDENCY TO FORGET ABOUT PPRIA BECAUSE SHE HANDLES YOUR BOARD, ANOTHER BOARD, BUT OUTSIDE OF THAT, THAT'S WHAT SHE'S DOING IS SHE'S TIED UP WITH ALL THE HISTORICAL STUFF. VERY GOOD.
>> GOOD AFTERNOON, MR. CHAIRMAN, MEMBERS OF THE BOARD, REBECCA GUERRA, PLANNING DEPARTMENT. THE NEXT ITEM BEFORE YOU IS A CONDITIONAL USE WITH NO NEW CONSTRUCTION FOR PROPERTY AT 1578 THUMB POINT DRIVE. YOU CAN SEE A PICTURE FROM THE STREET OF THE RESIDENCE AND DETACHED STRUCTURE IMMEDIATELY TO THE LEFT. THERE'S A LOCATION MAP THAT SHOWS WHERE THE PROPERTY IS. IT'S ON THE CORNER OF THUMB POINT DRIVE AND FERNANDINA.
FUTURE LAND USE OF LOW DENSITY RESIDENTIAL AS WELL AS ZONING DISTRICT OF R1. I HAVE TO FIX THAT. ALL RIGHT, HERE ARE THE TWO UNITS THAT ARE ON THE SITE. ON THE LEFT IS THE DETACHED ACCESSORY STRUCTURE WITH A GARAGE ON THE BOTTOM AND THE RENTAL UNIT ON THE TOP. IT'S APPROXIMATELY 816 SQUARE FEET ON THE TOP. IT WAS BUILT IN 1977. THAT NUMBER MEANS SOMETHING. ON THE RIGHT IS THE PRINCIPLE STRUCTURE OR THE HOME, WHICH IS THE PRIMARY DWELLING UNIT ON THE SITE, BUILT IN 1970. THOSE DATES MEAN SOMETHING. OUR ZONING CODE, 125, PREVIOUSLY 22, WAS CREATED IN 1981. SO ANY REGULATIONS THAT ARE ASSOCIATED WITH THAT ZONING CODE SPECIFICALLY IN RELATION TO ACCESSORY DWELLING UNITS OR IN THIS CASE, THIS WOULD E CONSIDERED A GUESTHOUSE, ALL OF THOSE REQUIREMENTS WHERE YOU WOULD HAVE REQUIREMENTS TO HAVE A KITCHENETTE, NOT HAVE A KITCHEN, THOSE ARE MOOT. BOTH THESE STRUCTURES ARE LEGAL NONCONFORMING STRUCTURES WHICH WERE CREATED PRIOR TO THE CREATION OF THE ZONING ORDINANCE. SO THIS IS A QUICK SYNOPSIS THAT YOU'VE SEEN MANY, MANY TIMES REGARDING STR'S, THE ESTABLISHMENT OF ORDINANCE K114 PASSED IN 2001 THAT ESTABLISHED DWELLING RENTALS AT CONDITION USE AND THEN THE FLORIDA LEGISLATION WHICH WAS PASSED IN 2011, WHICH DICTATED HOW STR'S MAY BE REGULATED FOR ANYTHING CREATED AFTER 2011. STAFF RECOMMENDATION IS TO APPROVE SUBJECT TO FIVE CONDITIONS OF APPROVAL. NUMBER 4, WHICH IS DIFFERENT THAN THE TYPICAL CONDITION YOU WOULD SEE, WHICH WOULD LIMIT PARKING TO TWO CARS FOR THE ENTIRE UNIT IN THIS CASE BECAUSE THE PRINCIPLE DELLING UNIT WILL BE OCCUPIED BY THE OWNER APPLICANT. THE TWO-CAR LIMIT WILL BE PLACED ON THE RENTAL UNIT. THE HOME WILL BE OPERATED AND TREATED AS A HOME AND SO THERE IS SUFFICIENT ROOM WITHIN THE GARAGE FOR THEIRS AND THIS AERIAL IS THE BEST PICTURE PLENTY OF PARKING IN THE DRIVEWAY FOR THE RENTAL UNIT AS WELL AS THE GARAGE AND THAT DRIVEWAY. SO THIS CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS BUT I'LL STAY ON THIS SLIDE IN CASE YOU HAVE QUESTIONS.
>> VERY GOOD, THANK YOU. >> QUESTION. THE DETACHED BUILDING, DOES IT HAVE AN ADDRESS?
>> IT DOES NOT. I'M SORRY, IT DOES, 155 1578 THUMB POINT DRIV.
>> SO BOTH ARE BEING USED TO USE FOR CONDITIONAL USE?
>> NO, SIR, JUST THE DWELLING RENTAL ON TOP OF THE GARAGE.
>> THAT'S BEEN CLARIFIED? IT'S IN THE STAFF REPORT AS WELL.
>> I WOULDN'T WANT THEM -- THE ADDRESS, THEN THEY GO AND GET THE FIVE-BEDROOM, THREE-BATH HOUSE THINKING THAT COULD BE AN
AIRBNB. >> THE APPLICATION AND STAFF
[00:45:02]
REPORT INDICATE THE INTENT OF THE APPLICANT OWNER IS TO RENT OUT THE DWELLING UNIT ON THE TOP OF THE GARAGE.>> OKAY. BUT THE APPLICATION SAYS IT'S FOR THE ADDRESS.
>> YES, BUT BECAUSE THIS IS ALL UNDER ONE ADDRESS, BUT SHE SPECIFIED IN HER APPLICATION AND I HAVE SPECIFIED IN THE STAFF REPORT AND HAVE -- WE VERBALLY AND BY EMAIL MADE SURE WITH THE APPLICANT TO MAKE SURE TO BE EXTRA SURE.
>> I UNDERSTAND ALL THAT. BUT THE APPLICATION SAYS THE ADDRESS. AND THERE'S TWO BUILDINGS ON THE ADDRESS AND YOO CLARIFY IT AND DISSECT IT OUT AND WHATEVER ELSE, BUT, YOU KNOW, THREE MONTHS FROM NOW, THEY'RE GOING TO RENT BOTH OF THEM MAYBE. AND HOW ARE WE GOING TO MAKE SURE THAT THEY
DON'T? >> YOU'RE WELCOME TO PUT A CONDITION OF APPROVAL ON THIS TO MAKE SURE YOU'RE RECOMMENDATION OF APPROVAL IS LIMITED TO THE DWELLING THAT IS ON THE
ACCESSORY STRUCTURE. >> ANY OTHER COMMENTS,
QUESTIONS? >> YES. HAVE YOU HAD THE CITY ENGINEER LOOK AT THE TRAFFIC SITUATION THERE? I'VE GIVEN COPIES OF TWO SKETCHES AND DRAWINGS THAT I WOULD LIKE TO
>> OKAY, I CAN'T DRIVE THAT CAR. >> ALECIA IS WORKING ON THAT.
>>> THE ENGINEERING DEPARTMENT REVIEWED THIS ITEM AND HAS NO
>> OKAY. >> OKAY. AND THE BOTTOM -- THE BOTTOM ONE IS THE -- THE NEW DRIVEWAY THAT WAS INSTALLED ON THE PROPERTY ACROSS THE STREET, WHICH WAS GRANTED CONDITIONAL USE FOR A VACATION RENTAL. AND ON THE TOP ONE, THE TOP ONE, IF
>> YEAH, THAT ONE. I'VE DRAWN IN ON THE MAP THE ACTUAL LOCATION OF THE NEW DRIVEWAY ON THE PROPERTY THAT'S ALREADY BEEN GRANTED CONDITIONAL USE FOR VACATION RENTAL. AS YOU CAN SEE, WE HAVE THE DRIVEWAYS GOING INTO EACH OTHER, AND THEY ARE BOTH RIGHT AT THE INTERSECTION OF THE ENTRANCEWAY TO THUMB POINT DRIVE AND I WAS WONDERING IF THE CITY ENGINEER OR TRAFFIC STUDY PERSON OR WHOEVER HAD LOOKED AT THE IMPLICATIONS OF HAVING TWO COMMERCIAL BUILDINGS ACROSS FROM EACH OTHER WITH
THEIR DRIVEWAYS INTERLINKED. >> THE ENGINEERING DEPARTMENT, BOTH AS PART OF THE ORIGINAL PERMIT THAT WAS PULLED I BELIEVE IN THE EARLY 2,000S FOR THE DRIVEWAY IMPROVEMENTS LOOKED AT THIS RESIDENTIAL LOCAL STREET AND AS THE STATE HAS DICTATED, THIS IS TO BE LOOKED AT AT A RESIDENTIAL USE. THEY COMPARED IT TO THE REQUIREMENTS IN CHAPTER 125, PREVIOUSLY 2 BOTH WHEN PERMITS WERE ISSUED AND WHEN THE PROJECT WAS BROUGHT BEFORE THEM BOTH FOR PREAPPLICATION AND PART OF THE
TRC AND HAD NO OBJECTIONS. >> THANK YOU.
>> YES, MA'AM. >> FURTHER QUESTIONS OR
COMMENTS? >> MR. CHAIR? OKAY, SO THE EXISTING R1 LOW DENSITY RESIDENTIAL CODE IS NOT AM ABLE.
>> IN WHAT REGARD? >> THIS WAS CONSTRUCTED PRIOR TO
THE ADOPTION OF THE CURRENT. >> ARE YOU SPEAKING IN REFERENCE
>> COMPONENT OF NOT HAVING A KITCHEN? YES, SIR. THAT COMPONENT OF THE ZONING ORDINANCE AS IT EXISTS TODAY, WHETHER IT HAS A KITCHEN OR NOT IS MOOT. THIS IS A LEGAL NONCONFORMING STRUCTURE, BOTH OF THEM ARE.
>> THAT'S THE DIRECTION I'M HEADING HERE.
>> SORRY, I WAS CONFUSED. >> I REVIEWED THE R1 IN-DEPTH AND THE 30,000 SQUARE FEET FOR OUTBUILDINGS, ET CETERA, ON AND
ON, IT -- >> IT'S PRETTY SPECIFIC.
>> WE CAN TAKE THAT PAPER AND SHRED IT. IT'S NOT APPLICABLE IN THIS INSTANCE BECAUSE IT WAS BUILT PRIOR TO THE ADOPTION. IT FALLS AROUND THE R1 ZONING CLASSIFICATION IN PLACE AT THE TIME OF THE CONSTRUCTION, IS THAT CORRECT?
>> I CAN'T VERIFY IT HAD AN R1 ZONING AT THE TIME. AS YOU RECALL, THE CHAPTER 125 ALSO ASSIGNED ZONING DISTRICTS SO
[00:50:01]
THEY MIGHT HAVE CALLED IT SOMETHING DIFFERENT BUT WHEN THE CODE WAS CREATED, WHEN 22 WAS CREATED AND CHANGED TO 125, THEY PROPERTY THEY GAVE APPROXIMATE ZONING DESIGNATIONS. WHATEVER ZONING IT HAD IN 1970 AND 1977, THEY GAVE IT A LIKE ZONING SO R1FIT THE BEST. >> THIS IS JUST PURELY SPECULATION BECAUSE I HAVE NO DOCUMENTATION TO REALLY FOLLOW THIS PATH LOGICALLY BUT MY CONCERN IS THAT I WANT TO BE CERTAIN THAT THE USE AS IT EXISTS TODAY WASN'T ALLOWED USED WHEN IT WAS CONSTRUCTED. THERE WAS A RATHER EXTENSIVE PICTURED DISPLAY PROVIDED WITH THE APPLICATION, WHICH LOOKS LIKE AN APARTMENT WITH A FULL, OPERATIONAL KITCHEN, BUT WE HAVE NO WAY OF KNOWING IF THAT WAS A LEGAL USE IN 1977 WHEN THIS WAS CONSTRUCTED. IS THAT A FAIR ASSESSMENT?
>> WE OPERATE UNDER THE ASSUMPTION THAT BECAUSE WE HAVE NO RECORDS BEFORE A CERTAIN DATE, CONSTRUCTION AS IT EXISTS WHEN IT'S THIS OLD, THAT'S WHY WE CALL IT A LEGAL NONCONFORMING STRUCTURE. THEY HAVE PULLED PERMITS SUBSEQUENT TO THE INITIAL CONSTRUCTION. THERE HAS BEEN WORK DONE AS LATE AS 2019 SO THE PERMITS HAVE BEEN APPROVED WITHOUT THE QUESTION OF WHETHER THIS WAS LEGALLY OR ILLEGALLY CONSTRUCTED IN 1977 AND AFTER THAT. SO WE OPERATE UNDER THE ASSUMPTION THAT -- AND HAVE CONTINUOUSLY GIVEN THE NUMBER OF PERMITS ISSUED, THAT THIS IS A LEGAL NONCONFORMING STRUCTURE, BUILT LEGALLY. I DON'T KNOW HOW MANY MORE TIMES I CAN SAY LEGAL ILLEGAL.
>> AS A FOLLOW UP, THEN THE UNIT WITH A FULL OPERATIONAL KITCHEN, AS IS DISPLAYED IN THE PICTURES THE APPLICANT SUBMITTED, YOU'RE INSTRUCTING US THAT THAT IS A LEGAL USE WITH A FULLY OPERATIONAL KITCHEN, APARTMENT, ET CETERA.
>> YEAH, THERE'S NOTHING TO SUGGEST THAT IT WAS ILLEGAL AT THE TIME IT WAS BUILT TO HAVE A FULL KITCHEN WITHIN AN ACCESSORY STRUCTURE. THE RULES DIDN'T EXIST BACK THEN.
>> ARE YOU INDICATING -- I'M DRILLING INTO THIS BECAUSE YOU SEE THE DIRECTION I'M HEADING, TO SUGGEST WHEN IT WAS CONSTRUCTED IN THAT TIMELINE, THREE YEARS PRIOR TO THIS PARTICULAR ZONING LANGUAGE BEING ADOPTED, THERE WAS NO ZONING LANGUAGE ADOPTED AT THE TIME. IS THAT WHAT YOU'RE INDICATING?
>> THAT LANGUAGE DID NOT EXIST. >> IT WAS SIMPLY A RESIDENTIAL NEIGHBORHOOD AND I COULD BUILD WHATEVER YOU COULD GET APPROVED
THROUGH THE BUILDING DEPARTMENT. >> IT'S AN ACCESSORY DWELLING UNIT THAT OPERATED UNDER THE SAME ADDRESS SO IT WAS NEVER GIVEN A SEPARATE ADDRESS SO IT WAS LIKELY BUILT WITH THE INTENTION OF A MOTHER-IN-LAW SUITE TO ALLOW FOR COOKING FACILITIES AND WHAT NOT. I MEAN WE'RE GUESSING AT THIS POINT WHY IT WAS BUILT THE WAY IT WAS. THE POINT IS IT'S AN ACCESSRY STRUCTURE, THE BOTTOM PART IS A GARAGE, THE TOP PART IS AN ACCESSORY DWELLING BUT NOT A DWELLING UNIT. IT CAN'T GET ITS OWN ADDRESS. IN THIS CASE, IT'S A LEGAL NONCONFORMING USE.
>> CHAIRMAN MEMBERS, MAYBE THE QUESTION IS OUT THERE AS TO WHETHER IT'S -- YOU KNOW, A FULL KITCHEN OR KITCHENETTE, YOU CAN
ALWAYS ASK THE APPLICANT. >> DOES THAT MAKE A DIFFERENCE?
>> TODAY BUT NOT BACK THERE. >> IN TODAY'S CODE IT MAKES A DIFFERENCE BUT IT'S NOT AMICABLE SO THE QUESTION IS ALMOST
IRRELEVANT. >> RIGHT BUT WE'VE BEEN TALKING ABOUT IT FOR SOME TIME SO IF YOU WANTED THE ANSWER TO THAT, YOU
CAN ASK. >> THAT CODE ORDINANCE DIDN'T
EXIST SO IT'S NOT AMICABLE. >> RIGHT, IT'S GRANDFATHERED IN.
>> WOW. OKAY. THANK YOU. >> FOUR YEARS MAKES A BIT OF A
DIFFERENCE. >> I JUST -- I FIND IT INTERESTING BECAUSE I LIVE IN A HOME THAT'S SIMILAR TO THIS WITH A BUILT-IN INLAW APARTMENT THAT IS IN THE ZONING CLASSIFICATION BUT IF I TRIED TO SEGREGATE IT AS A SEPARATE UNIT, I'M QUITE POSITIVE THAT'S DO NOT GOING TO BE ALLOWED TO HAPPEN. THAT WAS BUILT IN 1984. IT JUST DOESN'T SEEM TO MAKE A LOT OF SENSE.
>> IT'S A DISTINCTION BECAUSE THIS IS NOT A DWELLING UNIT.
I'VE BEEN VERY CAREFUL TO CALL THIS NOT A DWELLING UNIT. THAT CANNOT HAVE A SEPARATE ADDRESS SO YOU CAN USE THIS AS A
[00:55:04]
GUESTHOUSE, RIGHT? BUT THIS PROPERTY CANNOT HAVE A -- ACTUALLY, YOU KNOW? NO, IT CAN'T BECAUSE THE R1 DISTRICTDOESN'T ALLOW IT. >> THE CITY OF FORT PIERCE, THE DEFINITION OF DWELLING UNIT DIDN'T APPLY AND THE ZONING ORDINANCE WAS CREATED TO REFLECT THAT. THE DWELLING UNIT DEFINITION IS PART AND PARCEL OF THE SHORT TERM RENTAL SCENARIO, A DWELLING UNIT AS ESTABLISHED BY THE CITY NEEDS TO BE IN EXISTENCE TO CREATE A SHORT TERM RENTAL.
>> YOU JUST WENT AROUND AND I DIDN'T -- I'M TRYING TO FIGURE
OUT YOUR QUESTION. >> IT ACTUALLY MAKES SENSE.
>> I THINK MY POINT IS ACTUALLY IT'S MORE SPUN UP TO -- IT'S CONFUSING. I GET IT. BUT THE DEFINITION UNDER THE CONDITIONAL USE PROVISION OF A DWELLING UNIT ALLOWED TO BE USED AT SHORT TERM RENTAL IS NOT APPLICABLE BECAUSE IT'S NOT A DWELLING UNIT. MY CONFLICT IS WE'RE NOT DEFINING THIS AS A DWELLING UNIT BUT WE'RE GOING TO SAY IT'S ALLOWED AS A SHORT TERM RENTAL.
>> THE CODE ALLOWS FOR CONDITIONAL USE TO BE PLACED ON A PROPERTY TO RENT OUT OR TO LEASE OUT, WHATEVER WORD YOU WANT TO USE, FOR SHORT TERM RENTAL PROPERTY USES. SO THAT MEANS UNDER -- BELOW A CERTAIN TIME PERIOD. ANYTHING ABOVE SIX MONTHS OPERATES AS A DIFFERENT THING. IN THIS CASE IT'S ALL UNDER ONE ADDRESS. THEY'RE ALLOWED TO LEASE OUT A PORTION OF THEIR RESIDENCE IS A SHORT TERM RENTAL AND RECEIVE CONDITIONAL USE APPROVAL. THEY'RE LIMITING THE SCOPE OF THEIR REQUEST TO JUST THIS AREA OF THE PROPERTY.
>> I GET WHERE YOU'RE GOING, ONE DWELLING UNIT, 1578, AND THIS IS
A PORTION OF THAT DWELLING UNIT. >> AN ACCESSORY STRUCTURE TO THE
PRINCIPLE DWELLING UNIT. >> THANK YOU.
>> HMM. >> THAT'S MY RESPONSE, HMM. I UNDERSTAND, I DON'T GET IT. IT DOESN'T MAKE A LOT OF SENSE.
>> ANY OTHER QUESTIONS OR COMMENTS? NOT HEARING ANY, I WILL OPEN THE DISCUSSION TO THE PUBLIC PORTION OF THE MEETING.
I WOULD LIKE THE APPLICANT TO COME FORWARD FIRST.
>> HELLO. I'M DR. CALLY ESTES, 1578 THUMB POINT DRIVE AND A COUPLE THINGS. FIRST WE'RE JUST ASKING FOR THAT PORTION, WE'RE NOT ASKING FOR THE MAIN HOUSE. WE'RE GOING TO STAY AND LIVE IN THE MAIN HOUSE. THAT'S THE FIRST THING. OKAY. COUPLE THINGS. I BOUGHT HERE BECAUSE I STAYED IN THE COMMUNITY. I LOVE THE COMMUNITY. AND I ENJOYED WALKING AROUND AND GOING TO THE BEACH AND SEEING EVERYTHING SO I WANTED TO GIVE THAT OPPORTUNITY TO OTHER PEOPLE AS WELL TO SEE WHAT WE HAVE TO OFFER. SO IT'S NONCOMMERCIAL, OBVIOUSLY WE'RE JUST LOOKING FOR PLACE TO SLEEP AND EAT FOR PEOPLE. BEHIND ME IS CONDOS SO IT'S NOT A NOISE ISSUE. THERE'S NO OTHER PEOPLE BACK THERE AT ALL AND THERE'S NO ONE ON MY STAGE LEFT. YOU CAN'T SEE IT IN PHOTO BUT IT'S A BIG EMPTY LOT SO THERE'S NO ONE THERE FOR NOISE VIOLATION. IT HAS BEEN RENTED BY THE PREVIOUS OWNERS IN THE PAST AND WE'RE GOING TO BE ON-SITE SO WE'RE NOT GOING ANYWHERE. I HAVE MANAGED PROPERTY IN THE PAST. MY DAD IS A BROKER OWNER RIGHT OUTSIDE OF PHILADELPHIA IN POTS TOWN SO I IMAGINE ALL HIS UNITS THERE AND I HAVE EXPERIENCE DEALING WITH PEOPLE THERE AND CAN EASILY REMOVE THEM ON THE AIRBNB APP IF ANYTHING GOES WRONG. WE'RE GOING TO DISCUSS AND POST THE RULES WITH EACH PERSON COMING IN AND DIRECTLY ACROSS THE STREET AT 1577 THUMB POINT DRIVE, SUSAN BAKER WAS APPROVED LAST WEEK FOR THE SAME THING. SO SOME OF MY RULES WILL BE DIFFERENT TO ALLEVIATE ISSUES IN THE COMMUNITY. FIRST WE HAVE A NO PET RULE. WE'RE NOT GOING TO ADD ANY PETS. SECOND, NO CHILDREN SO YOU DON'T HAVE TO WORRY ABOUT KIDS PLAYING IN THE STREET, GETTING RUNOVER OR RENTING BIKES AND GOING 100 MILES AN HOUR. I ALMOST GOT HIT BY ONE OF THOSE THE OTHER DAY. WE HAVE SPACE DIRECTLY IN FRONT OF THE APARTMENT UNIT WHERE THEY CAN PARK AND WE'RE LOOKING AT A THREE-NIGHT MINIMUM. SO THIS IS NOT A ONE NIGHT CHURN AND BURN. THERE'S HOTELS THEY CAN GO TO FOR THAT.
WE DO HAVE A CAMERA SYSTEM SET UP SO WE CAN MONITOR FROM THE HOUSE IF ANYTHING GOES WRONG AT ANY POINT. THAT WILL BE DISCLOSED TO ANYONE COMING THROUGH. I'LL HANDLE THE TRASH, I KNOW IT'S MORN AND THURSDAY. I DON'T EXPECT IT TO BE MUCH MORE THAN IT IS. I'M LOOKING TO STAY LEGAL AND
[01:00:02]
GET A PERMIT TO DO THIS. THAT'S ALL I HAVE.>> QUESTIONS FOR THE APPLICANT? >> YES. MISS ESTES, ARE YOU PLANNING TO RUN YOUR BUSINESS, THE ADDICTION ACADEMY, OUT OF
THAT -- OUT OF YOUR HOME? >> NO.
>> SO YOU -- >> THAT'S AN ONLINE SCHOOL. WE HAVE TEACHERS AROUND THE WORLD THAT TEACH FOR THAT SCHOOL.
THAT'S WHAT THEY DO. >> SO YOU WILL HAVE NO -- NONE
>> YOU WILL HAVE NO COMMERCIAL TRASK FROMR -- TRAFFIC FROM YOUR
>> BY THE WAY, CALLY ESTES, I WANT TO COMMEND YOU ON YOUR
ACADEMY. >> THANK YOU. WE GOT THE LARGEST GRANT TO TRAIN ALL FIRST RESPONDERS IN ALASKA, NEBRASKA AND KANSAS, HOW TO COMBAT ALL THE ISSUES YOU'RE SEEING RIGHT
NOW. >> NONE OF THAT IS GOING TO BE
TAKING PLACE AT YOUR RESIDENCE. >> NO MA'AM.
>> AND THE GUESTS IN THE VACATION RENTAL ARE NOT GOING TO
BE ANY OF YOUR STUDENTS OR -- >> CORRECT, NOPE, THIS IS STRICTLY FOR AIRBNB TO OFFSET OUR TAXES. SOMETHING SMALL, WE'RE NOT LOOKING FOR A THIS TO BE CHURN AND BURN. THERE'S
PLENTY OF HOTELS FOR THAT. >> THANK YOU.
>> YOU'RE WELCOME. >> I COMMEND YOU FOR YOUR RAW
HONESTY. PHILADELPHIA-BOUND. >> THERE'S BEEN DISCUSSION ON THE ASPECT OF THE ADDRESS BEING THE APPLICANT COMPARED TO THE TWO BUILDINGS ON THERE. I ASSUME YOU WOULD NOT OBJECT IF WE PUT A CONDITION ON THAT THE DWELLING RENTAL OF THE ACCESSORY
BUILDING IS THE ONLY ONE RENTED. >> NOT AT ALL. IN FACT I DON'T WANT PEOPLE IN MY HOME. I LIKE MY PRIVACY SO WE'RE NOT LOOKING
TO RENT IT OUT. >> ANY FURTHER QUESTIONS? NOT
SEEING ANY, THANK YOU VERY MUCH. >> THANK YOU.
>> ANYONE ELSE SPEAKING TO THIS ITEM? PLEASE STATE YOUR NAME
AND SIGN IN. >> TIMOTHY BANKSTON, 202 FERNANDINA. CAN I READ A LETTER FROM MRS. TERRY SHAVER AND HAVE
HER THREE MINUTES FOR THAT. >> IT WILL TAKE THREE MINUTES TO
READ IT? >> I MAYBE COULD GET IT ALL.
>> I'LL ALLOW IT. THEN I WOULD LIKE YOU TO PRESENT A COPY OF THAT TO OUR SECRETARY, MISS ROSENTHAL, PLEASE.
>> OKAY. THIS ALL MIGHT BE A MOOT POINT BUT THIS WAS GIVEN TO ME BY MRS. SHAVER. FIRST OF ALL WE WOULD LIKE TO THANK YOU FOR THE IMMENSE AMOUNT OF TIME YOU HAVE SPENT ON ISSUES OF SHORT-TERM RENTALS IN OUR CITY. IT'S MY UNDERSTANDING THE APARTMENT, THE GARAGE APARTMENT AT 1578 THUMB POINT DRIVE IS ONE OF THREE LOTS. ITS MY OPINION IT CAN HAVE SLEEPING QUARTERS AND ONLY A KITCHENETTE BUT NOT A KITCHEN. IF YOU WOULD PLEASE LOOK AT THE PICTURE I'M GOING TO GIVE YOU IN A MINUTE, YOU WILL SEE THAT IN THE REAL ESTATE ADVERTISEMENTS ON THIS PROPERTY BEFORE BEING PURCHASED BY THE ESTES, YOU WOULD SEE A STOVE THAT REQUIRES A 220 PLUG. PLANNING ADVISED ME THE DIFFERENCE BETWEEN A KITCHEN AND KITCHENETTE IS 220, NOT 110, IT'S MY OPINION THE CITY IS NOT DOING THEIR JOB. THE APARTMENT SHOULD HAVE BEEN ALREADY BEEN INSPECTED BY THE BUILDING DEPARTMENT. I WOULD LOVE TO SPEAK TO THE BUILDING DEPARTMENT BUT IT BUT I HAVE SENT THREE EMAILS WITH NO RESPONSE. I HAVE LEFT MESSAGES WITH NO RESPONSE. THEY SEEM TO THINK THEY DO NOT HAVE TO ANSWER TO THE TAXPAYERS OF THE CITY OF FORT PIERCE. I JUST DON'T SEE IT THAT WAY. IF WE HAVE A QUESTION, WE NEED ANSWERS. I WILL NOT PUT THE RESPONSIBILITY ON THE PLANNING BOARD TO APPROVE WHAT WE'RE SAYING IN THE PHOTOGRAPHS TO BE CORRECT AND TO ASSUME WHAT THE PLANNING BOARD HAS TOLD ME IS CORRECT OR TO PROVE IT WRONG. I DO NOT FEEL ANY PERMITS SHOULD BE CONSIDERED UNTIL THIS PROPERTY HAS BEEN INSPECTED BY THE BUILDING DEPARTMENT. THIS IS RESPECTFULLY SUBMITTED TO THE PLANNING BOARD BY ME FOR TERRY SHAVER AT 1520 FABER COURT. WE BELIEVE THIS GUESTHOUSE WAS NOT BUILT UNTIL THE LAST OWNER AFTER 1985, SO I DON'T KNOW IF THAT -- HOW THAT APPLIES TO WHAT THE CODES WE'RE TALKING ABOUT. ALSO, WAS THAT THREE MINUTES
[01:05:02]
THERE? >> YOU STILL HAVE YOUR TIME.
I'LL ALLOW THAT. I'M GOING TO ANSWER THAT LETTER RIGHT QUICKLY, BASED ON THE INFORMATION THAT OUR PLANNER AND PLANNING DEPARTMENT PROVIDED IS THE UNIT WAS BUILT IN 1977. AS IT'S BEEN TESTIFIED TO, IT WAS BUILT UNDER THE PREVIOUS ORDINANCES AND THE ORDINANCES TODAY DO NOT APPLY TO THAT PARTICULAR UNIT. SO THAT'S WHAT WE HAVE THAT WE'RE WORKING ON.
SO NOW -- >> YOU'VE GOT TWO DID -- IS THERE ANY WAY THEY CAN VERIFY IT.
>> IT'S BEEN VERIFIED THROUGH THE PLANNING DEPARTMENT AND THEY'VE DONE VERIFICATION WITH THE BUILDING AND PLANNING. I WOULD GUESS THAT'S WHERE YOU GOT YOUR INFORMATION.
>> YES, I DID VERIFY ALL THE PERMITS THAT WERE PULLED FROM THE TIME WE HAVE KEPT OUR RECORDS. THE PERMITS THAT WERE PULLED, NONE OF THEM HAD TO DO WITH ELECTRICAL WORK, PLUMBING, THE DRIVEWAY, AIR CONDITIONING, THE GARAGE DOORS. NONE OF THEM WERE FOR ELECTRICAL WORK. ANYTHING THAT EXISTS IN THAT BUILDING, THERE'S BEEN NO ELECTRICAL PERMIT PULLED SO THE ASSUMPTION, BECAUSE IT WAS BUILT SO LONG AGO, WHAT IS IN PLACE TODAY IS WHAT IS LEGALLY NONCONFORMING REGARDLESS OF WHETHER IT'S A KITCHENETTE OR KITCHEN.
>> THAT'S ALL THE EVIDENCE WE CAN GO ON, NOW YOU CAN MAKE YOUR
STATEMENT. >> OKAY. SO WE'VE RULED THAT OUT AS -- BUT IT IS CHECKED ON ONE OF THOSE PAPERS THEY CAN ALLOW A CITY INSPECTOR TO LOOK IT OVER. INSTEAD OF RUBBER STAMPING IT, LOOK AT THEM. THERE'S NO SIDEWALKS. IT'S A MAIN THROR ROW FAIR WHERE PEOPLE WALK, RIDE THEIR BICYCLES, KIDS GO TO THE SCHOOL BUS THERE. SOMEONE ADVISED ME ON THE VACANT LOT NEXT DOOR THEY PLANNED ON PUTTING A DOG RESCUE PLACE.
APPARENTLY THAT WAS ON FACEBOOK. I DIDN'T SEE IT BUT I WAS TOLD. THINGS LIKE THAT COULD BE GOING ON HERE. WE'VE STATED BEFORE, WE HAVE NO OBJECTION TO ANY PERSON OF COLOR, NATIONALITY, RELIGION, WE WANT THESE PEOPLE TO BE OUR NEIGHBORS. WE DON'T WANT BUSINESSES IN OUR R1 NEIGHBORHOODS. WE WANT THE JONES, THE SMITHS, THEN HOLIDAY INN, MOTEL 6 AND THE CHARLES, WHOEVER, WE DON'T WANT THAT.
THAT IS -- WHAT DO WE CALL THAT, EMOTION? THEY GRANTED MISS BAKER ACROSS THE STREET. IF YOU GRANT THIS ONE, EVEN THOUGH IT'S JUST A GARAGE APARTMENT, THERE'S ANOTHER AIRBNB. NOW, I WAS BY THERE THIS MORNING AND YOU COULDN'T PUT ANOTHER CAR THERE.
WE'VE GOT A GIANT MOTOR HOME OUT THERE PLUGGED IN WITH ELECTRIC AND WATER. WHERE THEY'RE GOING TO PUT TWO MORE VEHICLES, I DON'T KNOW. OFTENTIMES THEY'RE PARKED ON THE GRASS WHEN YOU GO BY. JUST BAD DEAL FOR US. IT'S TAKING AWAY OUR WAY OF LIFE.
PEOPLE COME HERE TO OFFSET THEIR TAXES AND MAKE EXTRA MONEY BUT THEY'RE DOING IT AT OUR QUALITY OF LIFE. WE ALL HAVE PROPERTY RIGHTS. WHAT ABOUT OUR RIGHTS? IT DOESN'T SEEM TO MATTER IF YOU APPROVE IT OR NOT, THE CITY COMMISSION, YOU NEVER KNOW WHICH WAY THEY'RE GOING TO GO. WE'LL ASK YOU ON BEHALF OF THE PEOPLE I REPRESENT, PLEASE DENY THIS. THANK YOU. THIS IS A PHOTOGRAPH OF THE KITCHEN, I'LL JUST GIVE IT TO HER. THANK YOU. HAVE A
NICE DAY. >> THANK YOU FOR YOUR COMMENTS,
SIR. >> OCCSIR, CAN YOU ALSO LEAVE US
THE LETTER? >> ANYONE ELSE SPEAKING TO THIS
PROJECT? >> IF YOU WOULD STATE YOUR NAME,
ADDRESS AND SIGN IN. >> SALLY GRIFFITH, 1510 THUMB
POINT DRIVE. >> YOU HAVEN'T BEEN HERE TO SEE
US BEFORE. >> NO, I HAVE NOT. BUT I'VE BEEN WATCHING. I WANT TO REITERATE WHAT THE LAST GENTLEMAN SAID. AND THE PART ABOUT THE PARKING. THE PARKING RIGHT NOW IS JAMPACKED. I DON'T KNOW WHAT THEIR PLAN IS BUT YOU COULDN'T GET ANOTHER CAR IN JUST, LIKE HE SAID. AND AS FAR AS THE NEIGHBORS, TO THE NORTH SIDE OF THAT PROPERTY, THERE LIVE THREE -- FOUR TODDLERS, FOUR YOUNG CHILDREN UNDER SIX.
I DON'T KNOW WHAT THE PLANS ARE FOR DR. ESTES AND HER RENTAL THINGS. I HOPE IT'S NOT FOR PART OF HER PRACTICE, BUT CONSIDER THE NEIGHBORS ALL AROUND. LITTLE KIDS, BIG KIDS,
[01:10:01]
TRAFFIC, PARKING, US. THANK YOU VERY MUCH.>> THANK YOU FOR YOUR COMMENTS, MA'AM.
>> IS THERE ANYONE ELSE? >> I RECOMMEND YOU DON'T
APPROVE. >> OKAY. ANYONE ELSE SPEAKING TO THIS PROJECT? MRS. ESTES, IF YOU WOULD LIKE TO REBUTTAL, I
WILL PERMIT THAT. >> JUST ONE THING. MY RV IS NOT PLUGGED IN AND THERE'S NO WATER TO IT. I'M WAITING ON A PART.
THE SHADE THAT GOES UP AND DOWN IS BROKEN AND IT'S COVID BACK ORDERED. IT WILL BE OUT OF THE WAY SO PARKING WILL NOT BE AN
>> WE JUST HAD MOTHER'S DAY, WHAT, SUNDAY, RIGHT? MY WIFE IS NOT A MOTHER, SO WE DON'T REALLY CELEBRATE MOTHER'S DAY, EXCEPT THAT SHE INFORMED ME THAT SHE'S A MOTHER OF OUR PUPPY. SO I'M
STILL IN THE DOGHOUSE, I THINK. >> DID YOU BUY FLOWERS?
>> I DIDN'T. >> YOU'RE IN TROUBLE. I THINK I AM. IF YOU HAVE A LOT OF CARS PARKED AROUND THIS WEEKEND, I WOULDN'T BE TOO SURPRISED. THANK YOU FOR YOUR COMMENTS.
>> THANK YOU. >> BACK TO THE BOARD. CLOSING THE PUBLIC PORTION OF THE MEETING. COME BACK TO THE BOARD FOR ANY FURTHER COMMENTS OR QUESTIONS.
>> MR. CHAIR, I WOULD LIKE TO HAVE NUMBER 6 ADDED TO THE CONDITIONAL USE PROCESS OF RECOMMENDATION, THAT BEING DWELLING RENTAL OF THE ACCESSORD ACCESSORY STRUCTURE ONLY.
>> IF YOU WOULD -- >> LOOK AT YOUR SCREEN UNDER RED
ITEM 6. >> SO YOU PUT IT THERE ALREADY.
>> YES, SIR. >> BECAUSE YOU ANTICIPATED IT.
>> I DID. I TRY. >> NO PROBLEM. I LIKE YOUR
WORDS BETTER. >> SHE FLOWS, DOESN'T SHE?
>> I'M GLAD. NOW IT CLARIFIES EXACTLY. I'M STILL SAYING IT'S THE ADDRESS. I DON'T WANT ANYBODY TO THINK THAT IT'S --
NOW THERE'S NO PROBLEM. >> ANY FURTHER COMMENTS OR QUESTIONS? I WILL ENTERTAIN A MOTION.
>> AS MUCH AS I APPRECIATE THE ESTES FAMILY AND THEIR OCCUPATION AND WHAT THEY'RE DOING AND DON'T REALLY HAVE ANY MAJOR OBJECTION TO THEIR USE OF A VACATION RENTAL FOR THE GARAGE APARTMENT, I AM VERY CONCERNED ABOUT HAVING TWO COMMERCIAL USES WITH DRIVEWAYS MEETING ACROSS THE STREET FROM EACH OTHER AT THAT INTERSECTION. I THINK THAT IS A TRAGEDY WAITING TO HAPPEN.
THERE IS GOING TO BE SO MUCH INTERREACTION BETWEEN THE PEOPLE COMING AND GOING FROM THESE TWO VACATION RENTALS RIGHT ACROSS THE STREET FROM EACH OTHER, RIGHT AT THE INTERSECTION THAT I THINK THAT THAT IS GOING TO BE A DISASTER, AND IT -- I WOULD HATE TO SEE DEATHS OR INJURY CAUSED BY HAVING TWO COMMERCIAL BUILDINGS ACROSS THE STREET FROM EACH OTHER THAT CLOSE TO AN INTERSECTION. SO I AM NOT GOING TO VOTE FOR APPROVAL OF THAT.
AS MUCH AS I LIKE THE ESTES FAMILY AND WHAT THEY'RE DOING, I DON'T BELIEVE THAT THE THUMB POINT DRIVE IS GOING TO BE SAFE WITH TWO COMMERCIAL USES RIGHT ACROSS THE STREET FROM EACH
OTHER. >> I'LL MAKE A FOLLOW-UP COMMENT ON THAT. YOU PUT IT OUT THERE SO I WILL EXPOUND ON THAT. TWO COMMERCIAL USES IN A COUPLE OF YEARS WE'RE GOING TO FEEL FORTUNATE TO HAVE TWO. THIS SITUATION WITH SHORT TERM VACATION RENTALS IS MULTIPLE APPLYING BY 100% PER YEAR.
THAT'S THE GROWTH RATE. HAVING SAID THAT, AREAS SUCH AS SOUTH BEACH AND OTHER POPULAR VACATION RENTALS ARE GOING TO MIRROR WHAT HAPPENED IN OTHER LOCATIONS IN FLORIDA AT THE SHORT TERM RENTAL TASK FORCE LOOKING AT THE IMPLICATIONS INTO THOSE AREAS, MORE SPECIFICALLY INTO TOWNS IN CALIFORNIA, ON THE BEACH WHERE LITERALLY ENTIRE NEIGHBORHOODS HAVE BEEN CONVERTED TO VACATION RENTALS. EVERY HOUSE HAS BEEN SOLD. REAL ESTATE INVESTMENT TRUSTS HAVE BEEN APPLYING BLOCKS, NEIGHBORHOODS OF REAL ESTATE TO CONVERT INTO VACATION RENTAL SO WE'LL LOOK BACK ON THE DAYS OF HAVING TWO ACROSS THE STREET FROM EACH OTHER SAYING WE WERE PRETTY FORTUNATE BECAUSE THUMB POINT IS NOW ON THE POINT
[01:15:02]
OF THIS ISSUE. IT'S BEEN HAPPENING IN OTHER AREAS OF SOUTH BEACH FOR YEARS AND WE'VE BEEN TALKING ABOUT THIS MATTER AT THE PLANNING BOARD LEVEL SO THIS WILL CONTINUE TO MULTIPLE APRAPIDLY. IT'S THE FUTURE, ITS WHERE IT'S COMING AND THE STATE LEGISLATURE HAS SEEN IN IT'S INFINITE WISDOM TO PLACE THIS BURDEN ON ALL COASTAL COMMUNITIES IN FLORIDA. IT'S UNCONSCIONABLE WHAT THEY'VE DONE, MIAMI MY OPINION, SO I MIRROR YOUR SENSE OF IT BECAUSE THESE AREAS WILL BECOME C1 OR C2 ZONING CLASSIFICATION AND THAT'S WHAT WE'LL BE BURDENED WITH MOVING FORWARD. THAT'S IT, MR. CHAIRMAN.>> ANYTHING FURTHER. I WILL ENTERTAIN A MOTION.
>> MR. CHAIRMAN, MOVE APPROVAL WITH THE SIX STAFF
RECOMMENDATIONS. >> I HAVE A MOTION FROM
>> I HAVE A SECOND FROM MR. AUBURN.
>> CALL THE ROLL, PLEASE. >> MR. YOU WILLBURY.
>> YES, MA'AM. >> MR. BRODERICK.
>> NO. >> CHAIRMAN CREYAUFMILLER.
>> YES, MA'AM. >> THIS BOARD CAN NOT ONLY MAKE DECISIONS BASED ON WHAT THE GUIDELINES OF OUR ORDINANCES AND OF THE STATE ORDINANCES. AND I THINK THAT THE BOARD FILLED THAT OBLIGATION TODAY. WE'LL MOVE FORWARD ON OUR NEXT ITEM OF
[d. Text Amendment - Chapter 125-187 - Vehicle Sales / Service / Repair]
BUSINESS. ITEM D. TEXT AMEND.CHAPTER 125-187, VEHICLE SALES/SERVICE REPAIR AND MISS
GUERRA IS ON THE HOT SEAT AGAIN. >> THE LAST ITEM IS FOR TEXT AMEND. TO CHAPTER 125-187 USE TABLE FOR VEHICLE REPAIR, BOAT SALES AND RENTALS AND STORAGE. WE'RE MODIFYING THE USE TABLE TO REQUIRE USE OF APPROVAL FOR REPAIR, VEHICLE BOAT SALES AND RENTALS AND STORAGE. WE ELIMINATE THE DISTINCTION BETWEEN VEHICLE REPAIR, GENERAL AND THE LIMITED. ACROSS THE BOARD, THE CONDITIONAL USE APPROVAL IS THE PERMITTED AND NOT PERMITTED WILL BE THE SAME FOR BOTH SO IT DIDN'T MAKE SENSE TO HAVE TWO DIFFERENT CATEGORIES. WHAT WE ARE DOING IS UNDER VEHICLE REPAIR, CHANGING IT TO SAY VEHICLE REPAIR AND WASH BECAUSE TODAY, AGAIN, IN OUR INFINITE WISDOM, WE DID NOT HAVE CAR WASHES AND THE LIKE AS LISTED USES. SO WE ARE RECTIFYING THAT OMISSION.
HERE'S A SNAPSHOT OF WHAT THE MODIFIED USE TABLE WOULD LOOK LIKE. ACROSS THE BOARD, FOR RENTALS, FOR SALES, BOATS AND AUTOMOBILES, AND THE REPAIRS AND MARINE RELATED REPAIRS, YOU WILL SEE THEM AS CONDITIONAL USES WITHIN ANYWHERE FROM THE C1 TO I-3 ZONING DISTRICT WHERE WE ARE NOT TOUCHING THEM AND WE'RE NOT GOING TO HAVE ANYTHING TO DO WITH BOAT SALES OR BOAT RENTALS AS YOU CAN SEE IN THE A1 AND A2, THAT'S NOT PART OF THE CHANGE.
WE'RE ALSO AFFECTING VEHICLE STORAGE. CHANGING THAT FROM PERMITTED TO CONDITIONAL USE. SO THE IMPETUS FOR THIS WAS WE ARE FINDING AS THESE PROJECTS MOVE FORWARD, PARTICULARLY THOSE PERMITTED BY RIGHT OR HAVE EXISTING CONDITIONS, CONDITIONAL USE REQUIREMENTS, BECAUSE THERE'S NO VERTICAL CONSTRUCTION FOR A LOT OF USES. WE'RE NOT GETTING SITE PLANS, IMPROVEMENTS. WE'RE NOT SEEING LANDSCAPING AND LIGHTING AND ENHANCEMENT OF THE AREAS FOR THESE PROPERTIES SO WE'RE HAVING A PROLIFERATION OF CARS BEING STORED WITHOUT ANY IMPROVEMENTS OR BEAUTIFICATION TO THE CITY. THAT BECOMES A DETRIMENT TO THE CITY AND CORRIDORS AND IT HAS A RIPPLE EFFECT. THIS WILL HOPEFULLY REQUIRE AT MINIMUM SITE PLANS TO COME IN WITH IMPROVEMENTS SO WE CAN BOTH AS STAFF AND THE PLANNING BOARD AND ULTIMATELY THE CITY COMMISSION, HAVE A HAND IN THE REAL BEAUTIFICATION AND GROWTH AND PROSPERITY OF THIS CITY AND MAKE THESE THINGS UP TO PAR WITH OTHER DEVELOPMENTS WE HAVE COMING IN THAT HAVE TO DO THESE SAME IMPROVEMENTS. THE STAFF RECOMMENDS THE PLANNING BOARD RECOMMEND APPROVAL TO
[01:20:04]
SECTION 125, 187, THE USE TABLE THAT CONCLUDES MY PRESENTATION.>> COMMENTS OR QUESTIONS? >> I HAVE A QUESTION. ON THE USE TABLE. IF YOU CAN GO BACK TO THAT, PLEASE.
>> I DON'T MEAN TO BE PICKY ON THIS, BUT I NOTICED IT WHERE IT SAYS VEHICLE REPAIR AND WASH, I THINK IT WOULD BE MORE LO LOGICL TO SEPARATE THAT, VEHICLE REPAIR OR VEEK WASH OTHERWISE THE IMPLICATION IS YOU CANNOT HAVE A VEHICLE REPAIR UNLESS YOU HAVE A
WASH FACILITY. >> OKAY, I CAN CALL IT VEHICLE
REPAIR AND VEHICLE WASH. >> YES, OKAY.
>> I CANNOT CHANGE IT BECAUSE IT'S A PDF BUT I WILL CHANGE
>> YES, MA'AM. IT DOESN'T REQUIRE CHANGES IN YOUR
APPROVAL. >> IT'S A GOOD CATCH.
>> LET ME ASK YOU A QUESTION. CONCERNING THE WASH, IT'S A
CONDITIONAL USE IN C3, RIGHT? >> YES, SIR.
>> SO THE LITTLE CAR WASH NEXT DOOR ON 7TH STREET AND DELAWARE AVENUE, HE'S GOING TO HAVE TO COME IN FOR CONDITIONAL
>> THEY'RE NOT. THIS IS AN ITEM WE'RE CURRENTLY HOPING TO DEAL WITH CODE ENFORCEMENT ON BUT YES, WHEN THEY DECIDE TO BECOME A LEGAL USE, THEY WILL HAVE TO GET A CONDITIONAL USE FOR THAT.
IF THIS IS APPROVED THROUGH CITY COMMISSION.
>> I KNOW THERE'S A GUY DOING WORK THERE AND THE ONE ON U.S. 1 AND DELAWARE AVENUE WHERE THE GAS STATION IS ON THE SOUTHWEST
CORNER. >> THAT ONE I DON'T KNOW ABOUT.
>> HE'S A USED CAR LOT YOU'RE TALKING ABOUT.
>> THAT'S THE NORTHWEST. NORTHEAST.
>> OH, OH, OKAY. I PICTURE IT NOW.
>> Y'ALL ARE AHEAD OF ME ON THE GAME. I DO KNOW ABOUT THAT ONE,
THE ONE ON DELAWARE. >> OKAY. ANYTHING FURTHER?
>> WE HAVE A MOTION BY MISS BAKER, SECOND BY MR. BRODERICK.
>> SO I'M LOOKING OUT OVER THE CHAIRS AND NOT SEEING ANYONE OTHER THAN OUR OWN STAFF AND SO ON HERE. WE'LL MOVE PAST THE
[8. DIRECTOR'S REPORT]
COMMENTS FROM THE PUBLIC AND GO CORRECT DIRECTLY TO THEDIRECTORS REPORT. >> CHAIRMAN, MEMBERS OF THE BOARD, I JUST -- I KNOW SOME OF YOU SIT ON MULTIPLE BOARDS BUT WEDNESDAY WE'RE HAVING A NEIGHBORHOOD MEETING FOR YOUR TOWN, OUR FOLLOW-UP TO DECEMBER OF 2019 FROM 5:30 SO 7:00.
THERE'S BEEN MULTIPLE -- ON FACEBOOK, ON OTHER MEANS OF
SOCIAL MEDIA. >> IS IT AT THE.
>> RIVER WALK CENTER. IF ANYONE IS INTERESTED, THERE WILL BE RE-FRESHMENTS SERVED. I BELIEVE WE'RE GOING TO HAVE FACEBOOK LIVE TOO SO IF YOU CAN NOT ATTEND, YOU'LL BE ABLE TO SEE
IT. >> WOULD YOU LIKE TO COVER ANYTHING THAT WE ADDRESSED TODAY WITH THE --
>> WOULD YOU LIKE ME TO -- >> YEAH, I MEAN YOU CAN EASILY GET WITH A WE'RE GOING TO TALK ABOUT ANYWAY RIGHT FROM THE VIDEO. BUT YEAH, WHY DON'T WE TOUCH ON THAT A LITTLE BIT.
>> SO THIS CAME TO OUR ATTENTION, AGAIN, I THINK A WEEK OR SO AGO WHEN THE BOARD OF ADJUSTMENTS CHAIR PUT IN HIS RESIGNATION. WE WERE ALREADY SHORT ONE BOARD MEMBER SO THE BOARD CONSISTINGS OF FIVE AND WE'VE BEEN OPERATING WITH FOUR.
WITH HIS RESIGNATION, WE ONLY HAD THREE. SO THIS CAUSED PROBLEMS COMING UP BECAUSE ONE OF THE BOARD MEMBERS WOULD HAVE TO RECUSE HIMSELF BECAUSE THEY HAD AN ITEM ON THE AGENDA. SO WE ARE STRUGGLING WITH THIS BECAUSE IT'S THE NO THE FIRST TIME IT HAPPENED. BEFORE MY TENURE, IT HAPPENED OFTEN AND IT'S BECAUSE, WE BELIEVE, THE BOARD OF ADJUSTMENTS DOES NOT MEET REGULARLY BECAUSE WE TRY TO LIMIT VARIANCES AND WORK WITH APPLICANTS WHO HAVE THESE CASES TO SEE WHAT WE COULD DO TO PREVENT THEM HAVING TO GO THROUGH A VARIANCE. THEY'RE COSTLY AND IT'S JUST ANOTHER ADDED PROCESS FOR THEM. SO PROBABLY WITHIN THE LAST -- IN THE YEAR 2019-2020, WE HAD ONE MEETING. WE'VE BEEN PICKING UP A LITTLE BIT NOW, BUT IT HAS BEEN BROUGHT TO MY ATTENTION THAT IN THE PAST, THEY HAVE WANTED TO COMBINE -- IT WAS SOMETHING SUPPORTED BY THE PLANNING BOARD, BOARD OF ADJUSTMENTS AND THE PLANNING
[01:25:02]
BOARD OPERATIONS AND OTHER -- THERE'S BEEN I BELIEVE ONE OF OUR PAST, ONE OF MY PREDECESSORS THOUGHT OF MOVING THAT FUNCTION AS A SPECIAL MAGISTRATE LIKE WITH CODE ENFORCEMENT. HAVING COME FROM WHERE I HAVE COME FROM, I HAVE EXPERIENCED PLANNING BOARDS THAT HAVE THE DUTIES OF A BOARD OF ADJUSTMENTS FOR THIS VERY REASON. THERE AREN'T MANY CASES AND THE PLANNING BOARD WEARS MULTIPLE HATS. SO WE JUST THIS MORNING, JUST -- MR.-- WELL, THE BOARD CHAIR CAME AND SPOKE ON BEHALF OF YOU ALL AND GAVE THE HISTORY OF WHAT HAD TRANSPIRED I BELIEVE A COUPLE OF YEARS AGO. AND THE SUPPORT AT THAT TIME AND THAT IT DID NOT -- NOTHING TRANSPIRED AT THAT TIME. SO THE COMMISSION DIRECTED US TO LOOK AT SOME OTHER MUNICIPALITIES. I DO THAT, COORDINATE IT WITH THE CITY ATTORNEY'S OFFICE SO MAKE SURE THERE'S NO CONFLICT OF INTEREST AND HAVING QUASIJUDICIAL UNDER A PLANNING BOARD, BECAUSE WE DON'T HAVE THAT -- WE WILL BE MOVING FORWARD ON THAT. I WILL KEEP YOU ABREAST BECAUSE THIS MAY END UP BEING AN ADDITIONAL FUNCTIONOF YOU ALL. >> THE CONCEPT WOULD BE SHOULD THIS HAPPEN AT THE ANNOUNCEMENT WOULD BE MADE IN THE MEETINGS THAT WE WERE HEARING A BOARD OF ADJUSTMENTS CASE AND WE WOULD HANDLE IT UNDER A QUASIJUDICIAL MEETING WITH ALL OF THE PROCEDURES IN PLACE AND JUST CARRY FORWARD WHEN WE FINISH THAT PORTION OF THE MEETING, WE WOULD THEN JUST ANNOUNCEMENT WE'RE GOING INTO OUR PLANNING BOARD MEETING.
>> SIMILAR TO HOW YOU ALL FUNCTION AS LOCAL PLANNING AGENCY AS WELL. THAT'S SOMETHING WE TALKED ABOUT TODAY BUT I WAS CHARGED WITH DOING MORE RESEARCH BEFORE ANY
DECISION WAS FINALIZED. >> SO NOW HERE IN THE NEXT TWO OR THREE DAYS, YOU'LL PROBABLY GET THAT RESEARCH DONE.
>> COMING SOON. >> BUT NO -- JUST TO LET THE BOARD KNOW, WE'RE GOING AHEAD AND ATTEMPTING TO FILL THAT ONE VACANCY. ONE OF OUR COMMISSIONER DOES HAVE SOMEONE HE CAN APPOINT. AND THAT IS NECESSARY BECAUSE WE DO HAVE THREE CASES AND WE NEED TO HAVE THEM HEARD AND HAVE A DECISION
MADE. >> I THINK COMMISSIONER CURTIS JOHNSON, WHO JUST FILLED HIS POSITION, COMMISSIONER PRONA WAS GOING TO FILL HIS POSITION, THEN IT'S A MATTER OF YOU GETTING THE RESEARCH DONE AND THE COMMISSIONERS REVISITING THE
ITEM, AND MAKING SOME DECISIONS. >> IT WOULD REQUIRE AN ORDINANCE
PREPARATION SO IT TAKES TIME. >> SO THAT'S THE LATEST AND GREATEST IN THAT RESPECT. ANYTHING ELSE YOU WANT TO REPORT
>> OKAY. THE ONLY THING I'VE GOT IN BOARD COMMENTS IS THAT
[9. BOARD COMMENTS]
ONCE AGAIN, I WANT TO REINFORCE THAT -- IT'S A SHAME OUR OTHER TWO BOARD MEMBERS AREN'T HERE. MOSTLY EVERYBODY THAT IS HERE DOES A VERY GOOD JOB AT THIS. THAT IS MAKE YOUR FEELINGS KNOWN. IF OUR BOARD MEMBERS DON'T ADD TO OUR MEETINGS, YOU MAY BE HOLDING SOMETHING INSIDE THAT YOU MAY EVEN THINK IS VERY ELEMENTARY AND YOU SAY I'M NOT GOING TO SAY ANYTHING, BUT IT MAY BE THE ONE THING THIS TURNS THE DIRECTION OF A DECISION BY THIS BOARD EITHER TO THE RIGHT OR TO THE LEFT OR UP OR DOWN.AND EVERY BIT OF -- EVERY COMMENT IS WORTHY OF BEING MADE ON THIS DAIS. THE PUBLIC NEEDS TO KNOW WHAT'S ON OUR MIND.
JUST AS WE NEED TO KNOW WHAT'S ON THEIR MIND. I THINK WE SHORTCHANGE THEM IF WE DON'T OPEN UP AND SPEAK.
THAT'S ALL I HAVE. DOES ANYONE ELSE HAVE ANYTHING.
>> IN JUNE OF 2020, IN THE MIDST OF THE PANDEMIC, THE CITY COMMISSION ERADICATED THE RIGHTS OF THE PROPERTY OWNERS IN FORT PIERCE TO HAVE -- AND ON THE MANAGED BOARD TO HAVE ANY MEANINGFUL INFLUENCE ON ANY CONDITIONAL USE APPLICATION.
PRIOR TO THAT DATE, A 20% NEGATIVE RESPONSE FROM THE PUBLIC OR A PLANNING BOARD DENIAL TRIGGERED A SUPER MAJORITY OF FOUR OF THE FIVE COMMISSION MEMBERS TO OVERRIDE THE OBJECTIONS. THE ILLUMINATION OF THIS SAFETY FEATURE OF A MAJORITY REQUIREMENT HAS BEEN AND WILL BE IN THE FUTURE A DISASTER FOR ANY CONTINUING MEANFUL CITIZEN
[01:30:08]
PARTICIPATION ON ANY KIND OF CONDITIONAL USE IN THEIR NEIGHBORHOODS. I URGE THE CITY COMMISSION TO RESCIND THIS CHANGE AND GO BACK TO HAVING THE CITIZENS AND THE PLANNING BOARD HAVE THEIR PROPER INFLUENCE ON THE DECISIONS THAT ARE MADE.>> OKAY. WOULD THE CITY ATTORNEY LIKE TO MAKE ANY
COMMENTS? >> NO, SIR. I THINK MY OPINION DOES NOT MATTER IN THIS INSTANCE.
>> OKAY. ANYONE ELSE? >> MR. CHAIR, I HAVE A COUPLE OF COMMENTS RELATIVE TO SHORT TERM RENTAL TASK FORCE. REBECCA HAS DEPARTED THE ROOM SO I'LL KEEP IT BRIEF BUT THE TASK FORCE FELT THAT IT WAS A REQUIREMENT PICK UP THE PACE OF THE MEETING SCHEDULE BASED ON THE WORKLOAD AS PRESENTED AND AS IT WAS BEING DEVELOPED AS WE WERE MOVING FORWARD, WE TOOK THE RATHER BROAD BRUSH OF THE APPOINTMENT TO THE TASK FORCE TO LOOK AT MORE TOUCH POINTS THAT THE DECISION-MAKING PROCESS WAS GOING TO REQUIRE BY THE CITY COMMISSION MOVING FORWARD. SO HAVING SAID THAT, WE EXPANDED OUR RESPONSIBILITIES OF OUR OWN VOLITION TO INCORPORATE WHAT WE KNEW WAS GOING TO BE NATURAL LINKAGE OF THE ITEMS WE WERE WORKING THROUGH. SO SUFFICE IT TO SAY, THE TASK FORCE IS ON TARGET CURRENTLY TO MAKE AN INITIAL PRESENTATION TO THE CITY COMMISSION IN JUNE. I FORGET
THE CONFERENCE AGENDA DATE. >> I BELIEVE THE 14TH.
>> THE 14TH. WHICH WE EXPECT TO BE A RATHER LENGTHY PRESENTATION AND LENGTHY Q&A SESSION WITH REBECCA LEADING THE CHARGE ON THAT. AND ME THERE AS MORAL SUPPORT I THINK BUT THE DOCUMENT IS COMING TO LIFE. IT'S EXTENSIVE, AND HOPEFULLY EXHAUSTIVE FROM THE PERSPECTIVE OF INCORPORATING THE ISSUES WE'VE DEALT WITH AT THE PLANNING BOARD LEVEL, PLANNING DEPARTMENT LEVEL AND CITY COMMISSION LEVEL SO I'M OPTIMISTIC WE'LL BE ABLE TO HIT THOSE DATES. CANDIDLY, IN HINDSIGHT, THE MEMBERS OF THE TASK FORCE WOULD FREELY ADMIT WE UNDERESTIMATED THE AMOUNT OF WORK THAT WAS GOING TO BE NEEDED TO GET THIS TO THE POINT WE WERE GOING TO BE SATISFIED. REBECCA HAS DONE A YEOMAN'S JOB OF PULLING TOGETHER MASSIVE AMOUNTS OF INFORMATION FOR DIGESTION BY THE TASK FORCE. WE HAVE A MANDATORY MEETING THIS WEDNESDAY FOR ALL MEMBERS OF THE TASK FORCE. SIMPLY BECAUSE WE HAVE AN ABUNDANCE OF DRAFTED LANGUAGE TO GET THROUGH TO MOVE THE DOCUMENT TO ITS FINAL PHASE SO WE'RE LOOKING FORWARD TO OUR INITIAL -- I STRESS INITIAL PRESENTATION IN JUNE AS WE FEEL AS THOUGH IT'S GOING TO TAKE THEN ANOTHER ROUND OF REVISIONS AND THEN SPINNING THIS UP INTO AN ORDINANCE OF SOME NATURE OR LANGUAGE OF SOME NATURE THAT THE CITY ATTORNEY'S OFFICE WILL TAKE CHARGE OF, TO PRESENT BACK TO THE CITY COMMISSION, SO I THINK REALISTICALLY -- JENNIFER, IF I'M OUT OF DATE, LET ME KNOW.
WE'RE LOOKING AT REALISTICALLY A FINALIZED DOCUMENT ON THE CITY COMMISSION'S DAIS FOR SEPTEMBER-OCTOBER REALISTICALLY WE'RE MAKING PROGRESS. I HAVE TO POINT OUT -- JUST FROM A -- FROM MY PERSPECTIVE, AFTER HAVING WATCHED THE CITY COMMISSION WRESTLING WITH THE SHORT TERM RENTAL ISSUES, AND THE APPLICANTS AND OPPOSING COUNCIL AND OPPOSING SIDES OF ALL THE ARGUMENTS, SHORT TERM RENTAL TASK FORCE IS NOT A SILVER BULLET. WE ARE NOT GOING TO USURP THE LEGISLATION PUT IN PLACE AT THE STATE LEVEL. WE'RE SIMPLY LOOKING AT MAKING THE PROCESS MORE USEABLE AND FUNCTIONAL IN THE CITY OF FORT PIERCE AND WITH THE UNIQUE REQUIREMENTS THAT THE CITY HAS HERE, BUT I KEEP HEARING, LET'S DELAY THE APPLICATION UNTIL THE TASK FORCE IS DONE AND THIS IS PUT INTO PLACE. THIS IS NOT A BE ALL END ALL FIX BY ANY STRETCH SO I WANT TO MAKE SURE EXPECTATIONS ARE MANAGED APPROPRIATELY MOVING FORWARD THAT IT'S GOING TO BE A MASSIVE IMPROVEMENT TO WHAT WE HAVE NOW BUT THE FRUSTRATION WE SAW IN TODAY'S MEETING AND THE CITY COMMISSION MEETINGS OF RECENT PAST, THAT'S NOT GOING TO BE ALLEVIATED BY WHAT THE TASK FORCE WAS ABLE TO ACCOMPLISH.
[01:35:02]
THE CITY COMMISSION HAS TO MAKE CHALLENGING DECISIONS BASED ON THE INFORMATION WE'RE GOING TO PRESENT AND WE'LL LEAVE IT IN THEIR CAPABLE HANDS TO CHART OUR COURSE MOVING FORWARD FOR THE FINAL QUARTER OF OUR WORK. JEN, WOULD YOU ADD ANYTHING?>> PERFECT. VERY GOOD SUMMARY. >> THE EXPECTATIONS ARE GETTING A LITTLE BIT BROAD. SO WE NEED TO WRESTLE THAT BACK TO GROUND AND SAY IT'S GOING TO GET BETTER BUT IT'S NOT PERFECT. SO WE'LL WAIT AND SEE WHAT THE PLANNING BOARD THINKS. WE'RE GOING TO GET THAT INFORMATION TO THE PLANNING BOARD AT SOME POINT.
I'M NOT SURE HOW ALL THOSE DATES WILL FALL INTO LINE BUT THE PLANNING BOARD WILL HAVE THE OPPORTUNITY TO CHEW THIS AROUND A BIT AND GIVE FURTHER INPUT. WE'RE GETTING THERE. SLOWLY BUT SURELY. IT'S COMING, SOON ENOUGH.
>> ANY OTHER COMMENTS? >> MOVE FOR AJUNIOR.
>> WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.