Planning and Zoning Board

121 SW Port St. Lucie City of Port St.Lucie Blvd. Port St. Lucie, Florida 34984 Planning and Zoning Board Meeting Minutes Chair Debra Beutel, At-Large Vice Chair Melissa Stephenson, At-Large Secretary Daniel Kurek, District 4 Board Member Bill Peak, District 1 Board Member John Corzine, District 2 Vacant, District 3 Board Member Alfreda Wooten, At-Large Alternate Board Member Ana Gomez-Mallada Alternate Board Member Roberta Briney Tuesday, January 7, 2020 1:30 PM Council Chambers, City Hall 1. Meeting Called to Order A Regular Meeting of the PLANNING AND ZONING BOARD of the City of Port St. Lucie was called to order by Chair Beutel at 1:30 p.m., on January 7, at Port St. Lucie City Hall, 121 SW Port St. Lucie Boulevard, Port St. Lucie, Florida. 2. Roll Call Members Present: Deborah Beutel, Chair Melissa Stephenson, Vice Chair Secretary Kurek John Corzine William “Bill” Peak Roberta Briney, Alternate Alfreda Wooten 3. Determination of a Quorum Chair Beutel confirmed that there was a quorum. 4. Pledge of Allegiance Chair Beutel led the assembly in the Pledge of Allegiance. 5. Approval of Minutes Mr. Corzine stated that Secretary Kurek was not present, there being no further discussion the revised minutes were unanimously approved. 5.a Approval of Minutes - December 3, 2019 2020-061 The revised minutes were approved. Page 1 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 6. Consent Agenda There being no discussion, Mr. Corzine moved to approve the Consent Agenda. Secretary Kurek seconded the motion, which passed unanimously by roll call vote. 6.a P19-142 Peacock Business Center - Major Site Plan 2020-054 This consent item was approved. 6.b P19-114 Veranda Plat No. 7 - Preliminary and Final 2020-063 Subdivision Plat This consent item was approved. 7. Public Hearings - Non Quasi-Judicial 7.a P19-231 City of Port St. Lucie City Center - Master Sign 2020-049 Program Amendment The City of Port St. Lucie is proposing a text amendment to the City Center Master Sign Program. This amendment modifies the regulations for monument entry signs. Holly Price, Planner III, stated that the application was a staff-initiated amendment to the City Center Master Sign Program which would allow the City to lease or assign space on the 2 monument signs for sponsorship or tenants. (Clerk’s Note: A PowerPoint was shown at this time.) Mr. Corzine stated that this item would make more money for the City Center property and inquired if churches or other businesses that had these types of signs would be allowed to do the same, to which Ms. Price replied that it was not allowed in the sign code and that they would need a variance. Teresa Lamar-Sarno, Assistant to the City Manager for Land Development Services, stated that the City Center property was subject to the Master Sign Program which was different from the standard City-Wide Sign Program. Chair Beutel opened the Public Hearing there being no public to be heard, she closed the Public Hearing. Mr. Corzine moved to approve P19-231, City of Port St. Lucie City Center, Master Sign Program Amendment, to the City Council. Vice Chair Stephenson seconded the motion, which passed unanimously by roll call vote. 8. Public Hearing - Quasi-Judicial The Deputy City Attorney read the Quasi-Judicial Rules into the record. The Deputy City Clerk administered the Oath of Testimony to staff, the applicants, and members of the audience. 8.a P19-061 Six Diamonds Realty (Toscana at Port St. Lucie) - 2020-064 PUD Rezoning Page 2 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 Location: The property is located on the west side of South US Highway 1 and south of SE Lyngate Drive. Legal Description: South Port St. Lucie Unit 15, 1st Replat of Tract “E”, Parcel “B”. This is a request to rezone property from CG (General Commercial) to PUD (Planned Unit Development). The applicant is proposing 253 multi-family units on 13.62 acres and two commercial parcels on 2.55 acres. Ms. Price stated that staff & the applicant requested that the item be tabled. Chair Beutel opened the Public Hearing. Erika Beitler, HJA Design Studio informed the Board that they were revising the PUD. Vice Chair Stephenson moved to table P19-061, Six Diamonds Realty (Toscana @ Port St. Lucie) PUD to the February 4, 2020 meeting. Mr. Peak seconded the motion, which passed unanimously by roll call vote. 8.b P19-157 Aracelly & Veronica Forero - LMD Rezoning 2020-030 Location: The property is located along SW Savage Boulevard, near the intersection of SW Savage Boulevard and SW Gatlin Boulevard. Legal Description: Lots 10-12, Block 1704, Section 31. This is a request to rezone property from Single-Family Residential (RS-2) to Limited-Use District (LMD). Laura Dodd, Planner II, stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and to enter into the record. (Clerk’s Note: A PowerPoint was shown at this time.) She explained that the request was for an approval to rezone approximately 0.68 acres from Single-Family Residential to Limited Mixed-Use Zoning which would include provisions for a day care center and office/retail land uses. She informed the Board that the property included 3 contagious parcels abutting SW Savage Boulevard, near the intersection of SW Gatlin Boulevard & Savage Boulevard. She said that the Future Land Use was ROI and explained the policy as well as the compliance with conversion area requirements. She stated that the item was subject to a variance to eliminate the cross access, P19-208, which was approved. She added that the proposed rezoning was consistent with the Comprehensive Plan and the Land Use Conversion Manual as well as Policy 1.1.4.13. Chair Beutel inquired as to if there were any ex-parte communications, to which there were none. Julio Forero, Applicant, stated that he was available if the Board had any questions, to which there were none. Chair Beutel opened the Public Hearing, there being no public to be Page 3 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 heard, she closed the Public Hearing. Mr. Corzine moved to approve P19-157, Aracelly & Veronica Forero, LMD Rezoning, to the City Council. Vice Chair Stephenson seconded the motion, which passed unanimously by roll call vote. 8.c P19-202 Verano South Pod “B”, PUD Amendment No. 1 - 2020-051 PUD Amendment Location: The property is located south of the C-24 Canal, east of Range Line Road, west of I-95 and north of the Crosstown Parkway. Legal Description: A parcel of land lying within Sections 18, 29, 31, 32, 33 and 34, Township 36 South, Range 39 East, and Sections 5 & 6, Township 37 South, Range 39 East. This is a request to amend the Planned Unit Development (PUD) document and concept plan for Verano South Pod ”B”. The proposed amendment will include the addition of an 82 foot lot, update right-of-way typicals, and make minor editing corrections. Chair Beutel inquired as to if there were any ex-parte communications, to which there were none. John Finizio, Planner III, stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and to enter into the record. He explained that the request was for an amendment to the PUD (Planned Unit Development) document and Concept Plan for Verano South Pod B. (Clerk’s Note: Mr. Finizio gave a brief history of Verano.) He explained that the property was located within the Verano DRI (Development of Regional Impact) and is southwest of the C-24 Canal, and north of Crosstown Parkway and gave the major changes which were included in the amendment and could be found on Page 2 of the PUD document. The PUD also included 073 acres for recreational uses, 19.89 acres for open space and 29.71 acres for lakes. He said that staff finds the request to be consistent with the direction and intent of the Future Land Use map and policies of the City's Comprehensive Plan and recommends approval. Leah Heinzelmann, Cotleur & Hearing, stated that she had been sworn in and explained that the update included new residential lot sizes, updated landscape section for flexibility with recreation areas, and minor edits to the document. Chair Beutel opened the Public Hearing, there being no public to be heard, she closed the Public Hearing. Vice Chair Stephenson moved to approve P19-202, Verano South POD “B” Amendment No. 1, PUD Amendment, to the City Council. Mr. Corzine seconded the motion, which passed unanimously by roll call vote. 8.d P19-222 St. Lucie County Fire District - Station 5 - Variance 2020-050 Location: The property is located at 2288 SE Delano Road. Legal Description: Port St. Lucie Unit 4, Block 110, Lots 7-10. Page 4 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 This is a request to grant a variance to not require the installation of a refuse and recycling dumpster enclosure for the Fire Department No. 5 facility. The Fire Department proposes to use roll-out, curbside pickup only. Section 158.232 of the City Zoning Code states: All uses, excluding single-family residential uses, that generate refuse shall provide one or more locations for enclosed and gated refuse and recycling dumpsters even if curbside pick-up is utilized. Ms. Price stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting to enter into the record and explained that the request was to not require the construction of a refuse and recycling enclosure for dumpsters since the Fire District was proposing to use roll-out, curbside pick-up only. She said that the containers would be located behind the building and enclosed by a fence to screen the view of the containers. She added that the station expected to have 4 or 5 staff members per shift and the waste generated was similar to that of a residence. She said that staff recommended that the area where the refuse and recycling enclosure is located on the Site Plan be reserved for the future location of a refuse and recycle enclosure to accommodate the potential future need. Stef Matthes, Culpepper & Terpening, informed the Board that every other fire station in the County used the roll-out containers, and this station was located in a residential area where the curbside pickup would be consistent with the neighbors. He stated that if the station used the dumpster it would cause noise and disruption to the neighborhood. Mr. Corzine inquired if a letter was sent out to the adjacent homeowners and if so inquired as to what the response was, to which Mr. Matthes stated that there was no feedback. Chair Beutel opened the Public Hearing, there being no public to be heard, she closed the Public Hearing. Chair Beutel inquired as to if there were any ex-parte communications, to which there were none. Mr. Corzine moved to approve P19-222, St. Lucie County Fire District, Station 5 with staff recommendations to the City Council. Mr. Peak seconded the motion, which passed unanimously by roll call vote. 8.e P19-223 PND Palatka - Variance 2020-046 Location: The property is located at 9019 South US Highway 1 (adjacent to Dollar General) Legal Description: Midport Crossing, Parcel 1 This is a request to grant a variance to reduce the width of the required perimeter landscape buffer from 10 feet to 5 feet for two (2) abutting properties. Section 154(C)1 of the City Landscape Code states: Page 5 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 A landscape strip at least ten (10) feet in depth, exclusive of curbing, shall be located adjacent to the rights-of-way and abutting properties. Chair Beutel inquired as to if there were any ex-parte communications, to which there were none. Ms. Price explained that this item was requesting to reduce the width of the required perimeter landscape strip from 10 feet to 5 feet as the applicant was planning to subdivide the existing single parcel into 2 parcels and to reduce the combined width of the 2 perimeter landscape strips from 20 feet to 10 feet. She said that there was a 20 foot utility easement, with another 10 foot landscape strip located on the southern part of the site. She informed the Board that this item was related to a previous item, a Dairy Queen. She stated that there were staff recommendations if approved: request only one 10 foot landscape strip to have one owner; if there were two 5 foot strips there needed to be an agreement between the owners that one would be responsible for the maintenance; with Utility Systems Department approval at least 30% of the utility easement on the south, be planted with ground cover other than sod. Chair Beutel inquired as to whom would be in charge of maintenance if there were 2 owners, to which Ms. Price replied that the owner on the south side would in control since they owned it. Howard Ehrsam, Bowman Consulting, stated that they would request staff recommendation 2 to have 5 feet on each side with an easement agreement to govern how it would be managed and installed. He added that the 10 feet, in total, would be constructed with the Dairy Queen. Chair Beutel inquired as to why the space was needed, to which Mr. Ehrsam replied that the protype footprint of the Dairy Queen/Popeyes would not fit and following the platting the best option is to share the 5 feet with an easement. Chair Beutel inquired if it was not approved, there was a chance that the client would not use the location, to which Mr. Ehrsam responded in the affirmative. Chair Beutel opened the Public Hearing, there being no public to be heard, she closed the Public Hearing. Mr. Corzine moved to approve P19-223, PND Palatka, Variance, with staff recommendations 2 and 3, to the City Council. Ms. Wooten seconded the motion, which passed unanimously by roll call vote. 8.f P19-224 Craig & Rosemarie Evert - Variance 2020-043 Location: The property is located on the southwest corner of Bird Avenue and Import Drive. Legal Description: Lot 1, Block 1738, Section 31. This is a request to grant a variance to the side yard and rear yard setbacks for a residential structure on a corner lot. Section 158.203 (C) Page 6 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 of the City Code states that any corner lot having a width exceeding one hundred (100) feet at its front property line shall have a side setback requirement of twenty-five (25) feet adjacent to the side street. In addition, Section 158.073 (H) states that each lot shall have a rear yard with a building setback line of twenty-five (25) feet, unless otherwise provided by this chapter. This variance application is for a variance of 10 feet to allow a 15 foot setback adjacent to the side street, and a variance of 1.6 feet to allow a 23.4 foot rear year setback for a residential structure in the Single Family (RS-2) Zoning District. Chair Beutel stated that she knew Craig & Tammy Hason, the neighbors, personally and had conversations regarding the item; and asked for any other ex-parte communications, to which the Board responded in the negative. Mr. Finizio stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and to enter it into the record. He explained that the item was for a property that was located on the Southwest corner of Bird Avenue and Import Drive, south of the C-24 Canal, and east of Tampico Street; and was requesting to build a single family home on the southwest corner of Bird Avenue and Import Drive with a variance of 10 feet to the side yard setback, as well as 1.6 feet to the rear setback. He stated that the property was a corner lot which measured 124 feet along the front property line, 73 feet along the rear, and 108 foot deep along Import Drive. He explained that the building setbacks for a residential lot are 25 feet in the front, 25 feet in the rear, and 10 feet side setback; since this was a corner lot with over 100 feet of frontage, the side setback adjacent to the right-of-way (Import Drive) was 25 feet. He added that the building’s footprint measures approximately 59 feet wide and 60 feet deep and with the required setbacks, the size house does not fit on the property without a variance and that the irregular shape of the lot was a product of the plat. He noted that this size house on a typical lot would not require a variance. Mr. Corzine inquired if they received feedback from the community, to which Mr. Finizio replied that a few residents were confused about the application and once clarified did not want to recommend denial. Paul, Tri-Core, stated that the owners were building their dream home and reduced the size to fit on this lot. Chair Beutel opened the Public Hearing, there being no public to be heard, she closed the Public Hearing. Vice Chair Stephenson remembered a similar case in past which mentioned a pool and pointed out that a variance would only apply for the home and not a pool. She inquired if a pool would fit on the lot, to which Mr. Finizio replied that the owners had space on the Page 7 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 south/side of the house and would depend on the size. Chair Beutel inquired if the owners were aware of the limitations if a pool were to be considered in the future, to which Mr. Finizio replied that he did not speak with the owners. Ms. Lamar-Sarno reminded the Board that they had to vote on the request before them. Mr. Corzine moved to approve P19-224, Craig & Rosemarie Evert, Variance, to the City Council. Mr. Peak seconded the motion, which passed unanimously by roll call vote. 8.g P19-232 GKMC, LLC Gatlin Commons - Variance 2020-045 Location: The property is located on the west side of Brigatine Place, south of Gatlin Boulevard. Legal Description: Parcel 19 of Gatlin Commons 2nd Replat. This is a request for a variance to Section 154.03(f) of the City Landscape Code which states that air conditioner condenser/compressor units shall not be located on the side of a building that faces a street. This application is for a variance to allow multiple air conditioner compressors to be located along the side of the building that face a street. Chair Beutel inquired as to if there were any ex-parte communications, to which there were none. Mr. Finizio stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and to enter it into the record. He explained that the variance was requesting to permit 49 air conditioners in the front of building that faces a street right-of-way; the property is located West of Brigantine Place and south of Gatlin Boulevard and is part of the Gatlin Commons PUD. He added that the A/C units are not located on the approved Site Plan or the Landscape Plan and that even though it does have a right-of-way on the east and west side of the property; the site does offer other areas where the A/C units can be located without violating this section of the Landscape Code as businesses typically place A/C units on the roof or at the back of the building. He stated that a previous variance was granted, P19-169, that allowed freestanding A/C units to be located in the front of a building on Peacock Boulevard. Brad Currie, Engineering, Design & Construction, stated that enforcement of the A/C unit locations were not being enforced and/or addressed as this issue was brought up when the project was already completed. He stated that it was always the client’s intent to place the units in the front of the building and the locations were not questioned until the final inspections were completed. His client owned other properties with the A/C units in the front since it was a perfect location for maintenance and proper protection. He informed the Board that the variance for P19-169 happened after the construction of this site. Page 8 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 (Clerk’s Note: A PowerPoint was shown at this time and Mr. Currie gave a timeline for the site.) He informed the Board that there was 85 feet from the eastern property line to where an A/C unit would be located, and about 100 feet on the western side. He stated that there was a landscape buffer, parking, and landscaping along the building to help in blocking the units. He indicated that the roof was not designed to hold the units, and if the units were located in the back of the building they would get damaged. (Clerk’s Note: Mr. Currie showed pictures of units that are placed in front of buildings, as well as units that are not enclosed.) He stated that there were inconsistencies in the past since the location of the A/C units was not being placed on Site Plans, but felt that it was now being enforced. Chair Beutel opened the Public Hearing Edward Maas, stated that one road, by Walmart, was actually owned by his community and inquired if it mattered that it was a private road and not a public road. The community did not like the idea that the units would face the road with no wall. Vice Chair Stephenson felt that units on ground level and buffered by hedges was less of an eye sore than units placed on top of a flat roof in the air, to which Mr. Maas replied that it was a dangerous intersection and most drivers would be looking at the street and not roof level. (Clerk’s Note: Mr. Maas spoke about the road being taken over by the City.) Vice Chair Stephenson felt that Mr. Maas was upset about the street and its uses rather than the location of the A/C units. Mr. Currie responded that the Code stated that the units could not face a right-of-way and did not specify a private or public road. Chair Beutel stated that the units would need sufficient buffering, to which Mr. Currie agreed. Chair Beutel closed the Public Hearing. Mr. Corzine stated that the Board saw the same request months ago, and felt that the applicant was making a mockery of the Code, therefore, he would not support the item. Chair Beutel responded that there was multiple errors by more than one person that lead to this request and did not feel that it was done intentionally. Secretary Kurek moved to approve P19-232, GKMC, LLC Gatlin Commons, Variance. Vice Chair Stephenson seconded the motion, which passed by roll call vote with Mr. Peak, Ms. Wooten, Chair Beutel, Vice Chair Stephenson, and Secretary Kurek voting in favor and Mr. Corzine, and Ms. Briney voting against. 8.h P19-149 4 Dawgs, LLC - Special Exception Use 2020-033 Location: The property is located on the northwest corner of Dwyer Avenue and Bayshore Boulevard. Page 9 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 Legal Description: Section 28, Bock 234, Lots 16-19. This is a request for a special exception use for a kennel, enclosed with outdoor runs in the General Commercial (CG) Zoning District per Section 158.124(C)(5) of the Zoning Code. Chair Beutel inquired as to if there were any ex-parte communications, to which there were none. Mr. Finizio stated that the file was submitted to the City Clerk’s Office 5 days prior to the meeting and to enter it into the record. He explained that the request is to allow an enclosed kennel with outdoor runs, which was permitted per Section 158.124 (C) (5) of the Zoning Code. He stated that the Site Plan was originally approved as a one story 4,968 square foot funeral home with 38 parking spaces. The outdoors runs, if approved, will be located under the buildings existing carport and would be based on the ratio of one (1) parking space per 200 gross square foot totaling 25 parking spaces. He added that the property was located on the NW corner of SW Bayshore Boulevard and Dwyer Avenue and was designed with 2 access points; a right in/right out directly on Bayshore Boulevard, and a full access point on Dwyer Avenue. He informed the Board that some landscaping was missing and once it is replaced the site would have adequate buffering & screening. He stated that the Site Plan provided adequate parking and felt that the proposed kennel with outdoor runs would not constitute as a nuisance or hazard since most of the activities would take place indoors. Mr. Corzine inquired if there was any neighborhood feedback from the letters that were sent out, to which Mr. Finizio responded in the negative and added that consideration was given to residents on Bayshore Boulevard but said that it was a nosey 4 lane arterial and felt that the landscape would buffer additional noise. He stated that the outdoor runs would be located on the north side of the building. Marc Baumgard, 4 Dawgs, LLC., stated that Camp BowBow was a doggy day care/boarding franchise. (Clerk’s Note: A PowerPoint was shown at this time.) He informed the Board that the building was on the non-residential side of the street, and that the dogs would not be outside after 6:00 p.m. He said that the franchise would monitor the site in relation to waste and smell to make sure it was up to standards. (Clerk’s Note: Mr. Baumgard explained the floor plan and showed renderings of the proposed site.) He explained that they were proposing to install 8 foot vinyl fencing and astroturf in the existing carport space, to have an area where the dogs could relieve themselves, which the dogs would only visit under supervision. Mr. Corzine inquired if the applicant would object to a time restraint on the Page 10 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 outdoor run, to which Mr. Baumgard responded in the negative and added that the facility was not manned at night, therefore, the dogs would be indoors after 6:00 p.m. Chair Beutel inquired as to how many dogs would be at the facility, to which Mr. Baumgard replied 46-49 and dogs of all sizes. Chair Beutel opened the Public Hearing. David Reed stated that he lived across the street and was concerned about noise as well as drainage from the waste. He felt that his property value would not increase with drug rehab homes and a dog daycare center in the neighborhood. Chair Beutel closed the Public Hearing, and Mr. Corzine moved to approve P19-149, 4 Dawgs, LLC., Special Exception Use, to the City Council with the condition that the outdoor runs are not used between the hours of 6:00 p.m. and 6:00 a.m. Secretary Kurek seconded the motion, which passed unanimously by roll call vote. 8.i Variance Request for 294 SW Ridgecrest Drive 2020-044 Deputy City Attorney Hertz stated that this item was quasi-judicial and was a request for a variance from the Flood Plain Regulations and per the Code & FEMA regulations had to be heard by the Planning & Zoning Board. Joel Dramis, City Building Official, stated that the request was for a home that was built 6 inches below the current standard, which the Flood Plan Administrator did not catch until the project was almost completed. He added that it was a single-family home and he could not release a Certificate of Occupancy unless a variance was received. He stated that there are other properties at this height or lower which were approved previously. Secretary Kurek inquired if flood insurance would be attainable if approved, to which Mr. Dramis responded in the affirmative. Chair Beutel inquired if the cost would be higher, to which Mr. Dramis replied that he was researching it and added that if the item was not heard before a governing body the entire neighborhood’s insurance prices may rise. Chair Beutel inquired as to when the house was built, to which Mr. Dramis replied that it was still under construction and the cost to raise the property would be substantial. Mike McGrath, Coastline Builders, builder and owner of the home stated that, according to his surveyor, the City would supply him with the elevation which he followed. Ms. Lamar-Sarno responded that Planning & Zoning did not supply the elevation. He explained that this was intended to be a spec home and the first one he built in the City. Chair Beutel stated that she could not support the item since the next homeowner would have difficulty or a hardship when it came to flood Page 11 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 insurance. Mr. McGrath stated that it was currently insured and at the time of selling would have to disclose that it was built below the new code level. He said that most homes in the area were below the current code. He voiced that the issue did come up while the house was under construction and that the Building Department told him to proceed with building instead of advising to raise the house. Mr. Corzine voiced that the cost of the flood insurance would be an issue. Mr. Dramis responded that the homeowner was informed that a variance could be applied for but was not guaranteed. He said that flood maps did change and the function of the flood insurance program through FEMA was to ensure that everyone could obtain flood insurance. Chair Beutel stated that the builder did not need to complete the building before applying for a variance, to which Mr. Dramis responded in the affirmative and added that most homes that are under construction are directed, from FEMA, to apply for a variance. He said that an elevation sheet, provided by another department, is required by FEMA at the time of plan submittal. Vice Chair Stephenson stated that a bank would require flood insurance if there was a mortgage, but if a home was paid off, insurance was not required. Mr. Dramis responded that insurance was recommended because the more people that have it, the less burden it would be on the federal government if there was a flood issue. Chair Beutel opened the Public Hearing, there being no public to be heard, she closed the Public Hearing. Mr. Corzine moved to approve 8i, 924 SW Ridgecrest Drive, Variance. Secretary Kurek seconded the motion, which passed by roll call vote with Ms. Wooten, Ms. Briney, Vice Chair Stephenson, Secretary Kurek, Mr. Peak, and Mr. Corzine voting in favor and Chair Beutel voting against. 9. New Business There was nothing heard under this item. 10. Old Business Vice Chair Stephenson stated that she appreciated the memo from legal regarding District and alternate clarification. 11. Public to be Heard Mr. Maas stated that Brigantine Place was paid for by Newport Isles homeowners. Secretary Kurek suggested that if the community did own the road, they needed to close it off to the public for liability issues or the City had to take it over. Mr. Maas stated that the City had the intent to take it over, but somehow it did not happen. Ms. Lamar-Sarno responded that her understanding was that the City was not prepared to take over the road and would conduct further research. Deputy City Page 12 of 13 Planning and Zoning Board Meeting Minutes January 7, 2020 Attorney Hertz stated that they would have to complete an in-depth analysis before stating who the owner of the road was. 12. Adjourn There being no further business, the meeting adjourned at 3:27 p.m. _______________________________________ Daniel Kurek, Secretary _______________________________________ Shanna Donleavy, Deputy City Clerk Page 13 of 13