PROFESSIONAL SERVICES ADVISORY COMMITTEE

Transcription

1 PROFESSIONAL SERVICES ADVISORY COMMITTEE There was a meeting of the Indian River County (IRC) Professional Services Advisory Committee (PSAC) on Thursday, March 19, 2009 at 12:15 p.m. in the First Floor Conference Room B1-501 of the County Administration Building B, th Street, Vero Beach, Florida. Present were Peter Robinson (arrived at 12:25 p.m.), Development Appointee; Todd Smith, Engineer Appointee; Stephen Moler (arrived at 12:36 p.m.), Engineer Appointee; Linda Schlitt Gonzales, Real Estate Broker Appointee; Warren Dill, Law Appointee; John Blum, Civil Engineer Appointee; Robert Gaskill, Architect Appointee; and Jon Day, Environmental Issues Appointee. Absent were Alan Schommer, General Contractor Appointee; Robert Poore, Alternate; George Kulczycki, Forester, Biologist, Botanist, Horticulturalist, or Arborist Appointee (all excused); Robert Brackett, Finance and Business Appointee; Frank Johnson and Mark Scott, Alternates (unexcused). Also present were IRC staff: Stan Boling, Planning Director; Bob Keating, Community Development Director; Will Collins, County Attorney; and Misty L. Horton, Commissioner Assistant, District 1. Others present: Charlie Wilson, Interested Party. Please note: You may hear an audio of the meeting; review the agenda and the minutes on the IRC website - Please note listed at the end of each agenda item refers to time location of these items on the audio recorded of the meeting. Any residents interested in serving on a board or committee, an educational tool to gain an understanding of State of Florida laws regarding government in the sunshine, public records, and ethics is available for review on the IRC website - Call To Order Chairman Smith called the meeting to order at 12:15 p.m. A discussion followed on the efficiency and effectiveness of the protocol this Committee was operating under, specifically communication from members to staff and the formation of subcommittees. Mr. Peter Robinson arrived at 12:25 p.m. PSAC/Approved 1 March 19, 2009

2 Election of 2009 Chairman and Vice-Chairman (12:30 p.m.) ON MOTION BY Mr. Blum, SECONDED BY Mrs. Gonzalez, the members voted unanimously (7-0) to reelect Mr. Smith as Chairman of the Professional Services Advisory Committee for ON MOTION BY Mr. Gaskill, SECONDED BY Mr. Day, the members voted unanimously (7-0) to re-elect Mr. Dill as Vice Chairman of the Professional Services Resources Advisory Committee for Approval of Minutes of the October 23, 2008 Meeting (12:32 p.m.) ON MOTION BY Mr. Robinson, SECONDED BY Mrs. Gonzalez, the members voted unanimously (7-0) to approve the October 23, 2008 minutes, as presented. Mr. Stephen Moler arrived at 12:36 p.m. Old Business None New Business A. Consideration of Amendments to Regulations Affecting Changeable Copy and Electronic Signs within Special Corridors, LDR Chapter 911 Mr. Stan Boling, Planning Director summarized the memorandum dated March 12, 2009, with attachments, and presented a Powerpoint, copies of which are on file with the Commission Office. Mr. Boling read an statement in opposition from Mr. Gene Waddell, Chairman of the State Road 60 Corridor Taskforce, who could not attend this meeting, a copy of which is on file with the Commission Office. Mrs. Gonzalez expressed her preference of ordinance language to reflect the spirit of being more user friendly, by replacing the word limited with allow. Mrs. Gonzalez pointed out theaters should be included where eighty (80) percent of actual sign area for display are allowed. PSAC/Approved 2 March 19, 2009

3 For commercial business, the changeable portion of electronic message copy area does not exceed 40% and the changeable portion of a manual message copy area does not exceed 50% of the overall sign copy area ON MOTION BY Mr. Gaskill, SECONDED BY Mr. Robinson, the members voted unanimously (8-0) to amend the proposed LDR amendments related to special corridor regulations for electronic message and changeable copy signs for commercial business to indicate the changeable portion of electronic message copy area does not exceed 40% and the changeable portion of a manual message copy area does not exceed 50% of the overall sign copy area. ON MOTION BY Mr. Gill, SECONDED BY Mr. Gaskill the members voted unanimously (8-0) to direct staff to investigate the brightness of the LED lights to set regulations and to include theaters where eighty (80) percent of actual sign area for display were allowed. (1:15 p.m.) B. Consideration of Amendments to Board of Adjustment and Variance Regulations Providing for Temporary Suspensions of Compliance, LDR Chapter 902 Mr. Boling outlined the memorandum dated March 13, 2009, with attachments, and presented a Powerpoint, copies of which are on file with the Commission Office. He reminded the Committee it was the Board of County Commissioners intent to allow businesses to get into operation more quickly than under the current Certificate of Occupancy (CO) process. A lengthy discussion ensued regarding CO compliance process for development projects. Chairman Smith commented if the developers were given a break by this new ordinance, then take advantage of the break by walking away from the punch list and the matter goes before the Code Enforcement Board (CEB), as an expense to the taxpayers, he would like to see a letter of acknowledgement indicating if the matter would go before the CEB on any of the issues on the punch list, it would be considered blatant disregard and the CEB had the authority to affix a fine. Mr. William Collins, County Attorney, informed the Committee the CEB has the discretion as to what fines were set and usually a first violation may be minimal, e.g., $100 per day; however, with a blatant disregard the CEB would have the power to fine as much as $500 a day. PSAC/Approved 3 March 19, 2009

4 Mr. Charlie Wilson revealed experiences with the difficulties having matters tied up at the end of a project. He relayed Commissioner Davis was requesting to empower the Board of Zoning Adjustment (BZA) with the authority to intervene on some of the codes by means of applying good common sense into some of the decisions. Mr. Wilson pointed out safeguards within the original ordinances for the BZA which included meetings were called by the Chairman within seven (7) days of a complaint or appeal and just because someone makes an appeal does not mean the BZA will actually convene; only if the Chairman finds probable cause or legitimacy. He indicated this was the reason for adding the County Administrator s ability to intervene with regard to changes to ordinances, hence making it easier for the developers in assisting with delays. Mr. Moler expressed his understanding as follows: if the matter became a compliance issue, and the Code Enforcement Board (CEB) could recognize the County Administrator s or the BZA had authorized a special privilege and compliance had been ignored, then the CEB could assess a maximum fine. Mr. Dill remarked staff did a great job on drafting the ordinance amendment with it being a very difficult subject to regulate and Mr. Wilson agreed. A discussion ensued regarding standard landscape issues i.e., the size of trees designated as Florida Number 1 and whether the BZA had authority to grant waivers. Mr. Bob Keating, Community Development Director, reminded the Committee the temporary suspension was predicated on minor deficiencies not directly related to public safety and when standards, rules and criteria are written out specifically, the public would then have those expectations for every circumstance. He further remarked staff had no problem with changing any of the code standards thought to be inappropriate. Attorney Collins advised the BZA did not have the authority to grant waivers; however, they can grant variances only if the variance was the minimum necessary to grant relief and met the eight (8) stringent variance criteria in the code. Small group discussions ensued at the same time. Mr. Moler revealed a circumstance that brought the question of whether this amendment resolved the issue regarding a residential planned development wherein a building permit was required before a land development permit was issued. Mr. Boling replied the subdivision language needed to be added in the ordinance amendment if the same temporary suspension allowance was to be applied to subdivision and planned development certificates of completion. PSAC/Approved 4 March 19, 2009

5 ON MOTION BY Mr. Moler, SECONDED BY Mr. Blum, the members voted unanimously (8-0) to adopt the ordinance to include being applicable to subdivision and certificate of completion permit issuance. (1:43 p.m.) Discussion ensued regarding the criteria regarding the standards of a temporary suspension of compliance and possible revisions to landscaping codes. Mr. Wilson reported it was Commissioner Davis intention to have it be permanent using the BZA language, which has the ability to give variances and has specific criteria; however, some of the Commissioners wanted to ensure these things were all temporary, for a period of time. Chairman Smith opined when permanency was implemented, it began to undermine the intent of the codes. He further stated if specific issues caused problems at the CO process, then those specific items should be readdressed in the Land Development Regulations and any tolerances allowed should be in the ordinance, not a permanent variance. Matters by Members ON MOTION BY Mr. Robinson, SECONDED BY Mr. Gaskill, the members voted (5-3) to direct staff to formulate an ordinance wherein the Board of Zoning Adjustments has the authority to make variances on specific disputed issues between staff and owner. Messrs. Day, Dill and Smith were in opposition. (2:10 p.m.) Chairman Smith would like to establish a cutoff time for Committee Members to submit agenda items to Mr. Boling. Mr. Boling suggested receiving the item(s) 10 days prior to the committee meeting date. Matters by Staff None Adjournment There being no further business, the meeting adjourned at 2:15 p.m. PSAC/Approved 5 March 19, 2009