CALL TO ORDER: Pursuant to proper notice, Mayor Epps called the meeting to order at 6:00 p.m. in the Council Chambers at 4300 South Atlantic Avenue, Ponce Inlet, Florida.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL:
Council present:
Mayor Epps, Seat #1
Vice-Mayor McCormick, Seat #2
Councilmember Goudie, Seat #3
Councilmember Hinson, Seat #4
Councilmember Sturno, Seat #5
Staff Members Present:
Ms. Blissett, Town Manager
Ms. Cassady, Town Attorney
Ms. Konchan, Planning Consultant
Mr. Joulani, Town Planner
Ms. Richard, Associate Planner
4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: None.
5. APPROVAL OF MINUTES FOR February 20, 2008. Vice-Mayor McCormick moved to approve the minutes of February 20, 2008. Councilmember Goudie seconded the motion. Motion carried 5-0, by roll-call vote.
4. PUBLIC HEARING, ORDINANCE 2008-01 (FORMERLY 2007-15), PROVIDING FOR LARGE SCALE AMENDMENT TO THE COMPREHENSIVE PLAN
Ms. Cassady stated that there is no need to read the title of the ordinance because this is a continuance of a previous meeting, after which Ms. Konchan addressed the board.
Ms. Konchan said that this is the ninth meeting of the Town Council as Local Planning Agency, and briefly reviewed the discussion of the February 22nd meeting at which Lassiter Transportation Group presented information about the traffic study. She said that the Transportation Element documents and the Capital Improvement Element are to be discussed this evening, as well as the other eight elements.
Mayor Epps explained that after the two elements, public comment would be heard.
Ms. Konchan explained that the initial Transportation Element was based on 1999 data, and the chapter has been significantly changed as a result of the recent traffic study. She then asked Mr. Lassiter to comment.
Sans Lassiter, President of Lassiter Transportation Group, 123 Live Oak, Daytona Beach, said that they were tasked with collecting and preparing traffic counts and said that both week day and weekend counts were taken. He also gathered attendance information from the parks and beach to help understand their peaking characteristics on the weekends. He then spoke about the established levels of service as they apply to the existing roadways. He said that all of the levels of service are being met, and based on monthly statistics the peak months are March and July. He said that the same months were peak according to the Florida Department of Transportation and that using the combination of those two factors, the highest weekend is 27% more than average weekday. He then
referred to the table on page 6 of his Technical Memorandum and explained the results, saying that we still would have excess capacity in the worst-case scenario. He stated that they did make some recommendations on the GOP document, which Ms. Konchan will address during her comments.
Ms. Konchan said that rather than go point by point, she will take questions from the Council and spoke about the peaking characteristics of the town being unusual.
Councilman McCormick suggested that the town needs evacuation signs posted, spoke about bike lanes and swales.
Mayor Epps mentioned that she noticed some non-substantial typos and will send them to Ms. Konchan rather than go through each during the meeting. Ms. Konchan said that those changes will be made, hopefully by the end of the week, to insure a clean document for next weeks meeting.
Ms. Konchan then reviewed the changes as outlined in the attached staff memo. In response to Councilman Goudie’s question, Ms. Konchan explained the difference between a roundabout and a rotary, with Mr. Lassiter further explaining the use of both types of traffic controls. He said the roundabouts are not particularly pedestrian-friendly and that would have to be taken into account should the town decide to construct any.
In response to Mayor Epps’ question, Mr. Lassiter spoke about the roundabouts in New Smyrna Beach and the problems they initially caused. Ms. Konchan said that Palm Coast has just installed roundabouts in their new Town Center, and suggested that if anyone wanted to get a good idea of their use, they visit. She stated that not that there are no recommendations being made for the installation of any roundabouts at this time.
Mayor Epps said she hopes the public will appreciate the traffic study results and noted that she would like to have another study done in the summer.
Councilman Goudie asked if we are recognizing anything within a certain distance of the ocean within the Coastal High Hazard Area, to which Ms. Konchan replied that she would prefer to discuss this at a later time in the meeting when the maps are introduced.
Councilman McCormick asked for clarification about the language referring to bike racks and whether it applies to single family homes, to which Ms. Konchan said she would clarify the language.
At this time, Mayor Epps opened the floor to the public.
Don Kraska, 55 Ocean Way Drive, asked how long it would take to evacuate the town if we are under an evacuation order during a peak time. Mr. Lassiter replied that they did not do hurricane evacuation analysis and that there is information available from the County and East Central Florida Regional Planning Commission that could be used to do that analysis. Ms. Konchan said that the Coastal/Conservation element is where hurricane evacuation information is located and that the data from those two sources was used in that element.
James Morris, 4876 South Peninsula, made comments regarding Policy 1.4.5 regarding the dedication of rights-of-way to the town, 1.7.1 regarding Atlantic and Peninsula, which are County roadways and questioning whether the town should be commenting on County roadways, and 1.7.3 requiring developments to be assessed a fair share of costs of roadway improvements and said that this should apply only if there is a deficiency in concurrency.
Ms. Konchan stated that South Peninsula is a town, not county road and said that she stands by the policy provision in 1.4.5. She suggested that perhaps the right of way standards in the Land Use and Development Code could be revisited. In response to Mr. Morris’ comment regarding Policy 1.7.1 and South Atlantic Avenue, she believes it is appropriate for a local community to cite their desires for roadways that might be under the jurisdiction of another municipality. Further, in regard to his comment about policy 1.7.3, she explained that Ms. Cassady is not concerned about the language and spoke about proportionate fair share and when that is triggered.
At this point, discussion turned to the Capital Improvement Element Support Document, which Ms. Konchan said has been significantly altered and updated, having last been updated in 1989. She explained that the numbers are current as of this last month, and asked Ms. Blissett to field questions.
Ms. Blissett explained the two updates submitted for inclusion in the CIE Support Document.
In response to Mayor Epps’ questions about population numbers, Ms. Konchan replied that there if there is no reason to include them, they will be deleted from the final document.
Ms. Konchan stated that the Capital Improvement Element GOPs have not been changed since the last time they were discussed at an LPA hearing, and moved the discussion to her corrective staff memo dated March 12, 2008, reviewing the proposed changes to the Future Land Use Map.
Councilman Goudie asked for clarification on the Fisherman’s Harbour Village designation. Mr. Joulani explained that there had been some discussion at the Planning Commission level regarding appropriate uses of this property. He said that there is no formal submittal from the property owners, but in discussions they have indicated their desire to construct residential rather than commercial uses based on the fact that there appears to be little demand for further commercial in Ponce Inlet. In response to Councilman Goudie’s question, Mr. Joulani said that they last discussed having approximately twenty units in the western area of the property. He said that the PUD Agreement has expired, and the owners were asked to wait until this comprehensive plan process
was complete prior to submitting plans. Ms. Konchan offered that based on the acreage, it appears that thirty-three units could be built, but that does not take into account the parking and buffers required.
Ms. Konchan then moved the discussion to the Coastal High Hazard Map and explained that this is based on the current statistics and state requirements, and said that this will most likely be updated in the next twenty-four to thirty-six months these maps will be updated at the state level, after which municipalities will have to adopt the updated maps. She said that the maps do not account for wind and storm direction
Councilman Goudie said that according to a state website, everything within 2,500 feet of the ocean will be proposed to be in a coastal high hazard area. He said that in the 1990s, the majority of damage in Miami-Dade was caused by wind-driven rain and the current map does not take wind into account.
Ms. Konchan then pointed out one additional change to Policy 1.1.4 of the Future Land Use Element, and the addition of the word “partially.” She noted a new policy, 1.1.5, which she explained is a clarification acknowledging that non-conforming lots of record may now have higher acreages required and does not preclude the construction of dwellings due to the non-conformity. She said that the code does require that if you own adjacent non-conforming properties you are required to merge them. She spoke about the Brady property and said that when analyzing the proper designation for that property, this non-conforming issue came to light.
After Ms. Konchan’s discussion of new Policy 2.2.1, Ms. Cassady explained that this section and the LUDC which deal with non-conformity would come into play. She said that during the discussions on the Evaluation and Appraisal Report (EAR), Town Council would have to decide whether they want to change this policy and the LUDC requirements. Ms. Cassady said that currently, rebuilding would have to be within the 35’ limit if more than 65% of a building were destroyed. She said that it is appropriate to take this on during the EAR discussions and will take a lot of education to make a decision on this.
Mayor Epps asked if this would become an EAR based amendment, not a small-scale amendment. Ms. Konchan confirmed this, and suggested that a charter amendment will most likely be required. Mayor Epps again said that this will be a lengthy discussion and should be done within the EAR process.
Councilman McCormick asked if the Town Council sets the 65% number. Ms. Cassady replied that most municipalities have a 50% rule. Mayor Epps recalled that the percentage was part of past discussions and we need to resolve this for the long term. Mr. Sturno suggested using true value rather than assessed value, and asked if assessed value is standard or if Council can change it.
Councilman McCormick asked if they have the opportunity to change the language to “appraised” rather than “assessed.” Ms. Konchan replied that assessed is the standard and that most people do not have a current appraisal showing the value. Ms. Cassady said that she has seen cases where the appraised value comes into question.
Ms. Blissett said that the EAR needs to be transmitted in May, and Council can put a Charter amendment on the ballot. Ms. Cassady said that Ponce Inlet was one of the first to include height limitations in their Charter and with more municipalities doing so, there has been consideration of this scenario so model language is available.
Ms. Konchan then spoke to items 7 and 8 in her memo. She then explained that all elements have been reviewed and asked for final comment before a motion to transmit to council.
Gary Comfort, 85 Ocean Way Drive, asked about the non-conformity section which addresses adjacent lots and what the intent is if one does sell off one of the lots. Secondly, he said he has re-read the documents and commended the Council for their work as LPA and for taking the time to read through each document so thoroughly.
Ray Ingrassia, 4884 Front Street, thanked Planning and Zoning and Town Council for their work on the Comp Plan. He said that attending the meetings was a learning process. He then spoke about e-mails that seemingly are attempting to derail the transmittal and said he looks at the Comp Plan as a victory for the town, and feels the changes that have been made are in tune with the town’s vision and make it more compatible with working waterfronts and will possibly allow for greater public access to the waterways. He said that he feels badly that the Council is being criticized and disagrees that this provides a free pass to do whatever one wants. He said they see it as an opportunity to bring forward plans to support the working waterfront and improve access to the
beautiful waterways of Florida. He said he respects the vision of the town and feels they should transmit. He said that they are trying to survive, especially their Sea Love Boat Works, and that as much as you would like to support small scale businesses for local residents, it’s almost an economic impossibility and this town needs to embrace working with businesses to ensure that they can make a contribution to the community, and hopes they hold to their values and transmit the plan as planned.
Alan Paul, 4651 South Atlantic, Tower 7, asked what answer is to the rebuilding of a condo over 35’ should a storm come in now. Ms. Cassady restated her earlier comments.
Stan Dembkoski, 4830 South Peninsula Drive, said he has lived here for three years or so, and has owned his property for ten years. He said that the overall improvement of the town was a reason for his building here. He believes that most people would like to have the conveniences we all enjoy, said that there has been considerable work done on the comprehensive plan, and feels strongly that the plan should be transmitted.
Mr. Joulani clarified that the 65% rule does not only apply to hurricane damage, but would also apply in case of fire or other disaster.
Don Kraska, 55 Ocean Way Drive, said that as chair of the Planning Commission he really appreciates the hard work done by the seated LPA, and believes the document should be transmitted.
Tom Gannaway, 95 Beach Street, urged the Planning Agency to forward the Comp Plan, saying that there has been a lot of good work done and the plan has a lot of merits and it is time to let the property owners of this town to know what the guidelines for the future are; it’s time to move forward.
Jim Morris 4876 South Peninsula, addressed the assessed/appraised value question and said that replacement value can be determined by contractors’ estimates and believes the fairest and most liberal way to treat the citizens is to use the replacement value. He spoke about condos and the fact that the owners own air, not the structure, so the 65% would refer to the common area owned by the homeowners association. He said he was surprised to see the proposed FLUM regarding Harbour Village. He said he doesn’t necessary disagree, but feels the way it’s being handled is a surprise. Councilman McCormick replied that the Fisherman’s Harbour Village plans are on the record and have been for some time. Councilman Goudie then asked if the lack of
posting was what Mr. Morris was questioning, or the lack of conversation about the change. Mr. Morris said that the treatment of this property is different than that of other properties in the past.
Mayor Epps said that this property has always been mixed use, which allowed residential so it’s not quite the same kind of change.
Jerry McHugh, 37 Loggerhead Court, said he has lived here for eight years and thanked the LPA for all of the work they have done on the Comp Plan. He said that he’s impressed by the amount of work done and hopes that they move forward with it.
Gary Swanhart, 32 Coastal Oaks, refrained from reading his prepared comments and thanked the Council for their work.
John Hakemian, 38 Ocean Way Drive, said he also owns a unit in Harbour Village. He loves Ponce Inlet and has lived here for six years and wanted to echo the thanks of others. He said that while there may be one or two things he doesn’t like, he believes the plan is balanced and is most interested in working waterfronts. He likes what is in the document and encouraged them to transmit the plan.
Ben Griscome, 69 Calumet, thanked the panel for their work and hopes they continue to move forward. He has lived in the area for forty-five years, and believes the improvements in Ponce recently have been good and would like to see it continue. He said we need businesses, fishing boats and working waterfront and feels visitors can only help the community, not hurt it. He would like to see the plan to move forward and believes that when plans are submitted is the time to work out the details of height, size, width, length, etc.
Tom McSharry, 70 Rains Drive, said he appreciates the LPA’s work and spoke about boating from Long Island to Ponce Inlet, stopping along the way in different marinas. He said where there were nice marinas, there were nice areas. He thinks the working waterfront is great and thanked them for their work.
Mr. Hinson asked about the use of the word “grandfather” and again spoke about the seven story buildings. He spoke about the number of people that would be displaced in case of an emergency.
Mayor Epps said that she recalled that this was addressed during the Harbour Village height battle, and that the town was told they couldn’t just grandfather. Ms. Cassady said that the charter language needs to be revised because the intent is not clear and we cannot infer the meaning. Mr. Hinson then spoke about the Harbour Village case and that the Links were allowed to be constructed. Mayor Epps replied that the judge ruled that because the buildings were more than 50% constructed, they could be continued.
Ms. Blissett stated that there is a very healthy number of people in the audience and she assured the Council that the word will get out quickly and they should expect calls and e-mails.
A break was taken and 8:17 and the meeting reconvened at 8:26.
Vice-Mayor McCormick moved to transmit the Comprehensive Plan to the Town Council. Mr. Sturno seconded the motion.
Councilman McCormick said that the only hang up he has is the 65%; that he agrees with using the replacement value and said he is one that would be leaving.
Councilman Goudie agrees with Councilman McCormick and his concerns. He said that he agrees with the vast majority of the changes, but there are a couple that he flatly opposes. He said that Comp Plans do change; they are working documents and change is prescribed in the growth management act. He said that one process in the Growth Management Act is the EAR, and he believes the EAR precedes the Comp Plan process and that unfortunately, we received inaccurate advice about the EAR and we now have to have the EAR done by May or the Comp Plan transmittal will be delayed until the EAR is complete. He said that citizen input is provided for and he feels we are doing everything backwards and in essence we are in a parallel universe with the citizen input for the Comp Plan being
used for the input in the EAR and he believes we are rubber stamping the input for the EAR process. He has lost track of the number of changes that have been made, and again stated that he is not opposed to the vast majority. He said he is opposed to dry-stack storage being permitted in the Riverfront Overlay District which he believes is opposite the visioning results and to the elimination of the language regarding the 5,000 square foot structure. He also believes that we are depriving the citizens the opportunity to speak by doing the Comp Plan revision before the EAR.
Mayor Epps said she believes that we need to address the 35’ condo issue as soon as possible and said that it being in the Charter does complicate things. She understands Councilman Goudie’s concerns about the dry stack and 5,000 foot issue and said that the biggest change since 2003 was that she personally had not considered the enclosed dry stack buildings, and she believes that the current building standards for this type of building has changed her mind. Regarding the view sheds, she said that there is already no view from the majority of the ROD and said that Mr. Joulani is already speaking with a consultant about a view shed study which will address this issue. Regarding public input, she feels that there has been public input at every meeting and feels that
is adequate.
Ms. Konchan went back to Mr. Comfort’s earlier question about non-conforming lots and clarified the language in the LUDC. She the explained that we are permitted to transmit a Comp Plan revision at any time unless we are in non-compliance with an EAR and said that we are not currently noncompliant. She said that the updating of this Comp Plan has been comprehensive, with literally every element being updated. She feels that the amount of public input and range of discussion is undeniable, and she believes that it is for this reason that DCA is willing to work with the town. She said we will continue to work within the mandates of the law.
Mayor Epps asked if the EAR has to be blessed by the LPA and passed by Town Council as well, to which Ms. Cassady replied that the best way is to handle it is by resolution.
Councilman Goudie confirmed that 163.191 F.S. outlines the EAR process and disagrees with Ms. Konchan’s interpretation of the procedure, saying that step 14 is the Comprehensive Plan revision. Ms. Cassady said that not all the steps are mandatory and said that step 14 is the EAR based comp plan revision and said that what the town has been doing is sufficient.
Mayor Epps asked if the steps have to be followed in the same order. Ms. Cassady said that the steps are procedural, with criteria listed and the town has actually done everything by going through the process and DCA is looking at what we have already done.
Vice Mayor McCormick asked if the ROD covers all B-2 properties. Ms. Konchan replied it does not, to which Mr. Mc replied that it is arbitrary and capricious. He said that within the B-2 district, we can have a boat repair yard right now so our commercial owners can get fed up with us, fence the property and haul in paints, degreasers, etc. He said we can do that or work together for the good of the town.
Mr. Hinson said that his understanding is that we have done what Tallahassee said we need to do. He doesn’t understand what the advantage would be to doing the EAR now before transmitting the Comp Plan.
Mayor Epps said that if DCA said this procedure is okay, “who am I to argue with them?”
Mr. Sturno said that he is still stuck on the 35’ height limitation, and said it seems to him that if we permit a building, we are in effect entering into an agreement with the owner. He feels it is a big consideration and doesn’t think that what we are doing is fair. Mayor Epps replied that at the time permits were issued, the problem was not known. Mr. Sturno said that when Harbour Village was built, no one knew of this situation. Mayor Epps replied that this will be on the fast track and will have to go to the people to solve.
Ms. Konchan said that on the point of the non-conforming properties, this policy has been in place since 1990 and read from that document. She said she would hate to see people think that this is a newly made change and said the charter height limit pre-dated the 1990 Comprehensive Plan.
Mr. Vitale, 34 Coastal Oaks, said that many years ago in another municipality this was addressed. He feels that the fastest and easiest way out, when dealing with a building that has structural damage, rather than change the Charter, the Board of Adjustment deals with hardship situations and that this would be an avenue that may solve the problem because Boards of Adjustment have been doing this for a hundred years, and this is an avenue to take when your back is up against the wall. Mayor Epps replied that she believes the issue is more complicated. Ms. Blissett said that the Board of Adjustment deals only with requests dealing with a certain portion of the LUDC, and the height limit is in the Charter and would require a Charter amendment to be changed.
Gary Comfort, 85 Ocean Way, thanked Ms. Konchan for answering his question about non-conformity. He said that when the words referring to coastal high hazard area were first written, they were in compliance with the code, and that shows just how long we have been working on this plan. He said he has spoken with Volusia County Emergency Management, and said that the zone one hurricane evacuation has not changed and feels our reaction tonight is appropriate. He said that he will speak next week at the Council meeting if the transmittal is heard. In regard to Mr. Sturno’s comment about not being affected because he lives in a single family home, he said that as a result of the floor area ratio and building envelope regulations made many homes non-conforming. He
said there is a solution available from insurance companies called law and ordinance coverage for non-conformities.
Councilman Goudie thanked everyone for listening to his differing viewpoint, and said he is not against working waterfronts and also endorses another marina and would not oppose Pacetta LLC moving forward with the water portion of their plans. In response to Mr. Vitale’s comments, he said that it would might run afoul if we went against our Charter.
Mayor Epps echoed the thanks on the amount of work done by everyone involved, especially to both Ms. Konchan and Mr. Joulani, and believes we probably have one of the best Comp Plans around in this document. She said that for us to come down to the ninth hour and have only two items of disagreement shows the work done and respect each other’s opinions.
Motion carried 4-1, with Councilman Goudie dissenting.
5. ADJOURNMENT. With no further agenda items, Mayor Epps adjourned the meeting at 9:17 p.m.
Respectfully submitted by:
Margi Richard, Recording Secretary
| 
