Minutes of the
Planning Commission Meeting
held
September 4, 2014 @ 6:30 p.m.
Robert Froehling Chairman George Dluhy
Robert Mercer, Vice Chairman William “Dude” Phelan
Doug Smith Charles Kish
Keith Raym, Alternate Seat 1 Dee Atkins
Phillip Jannarone, Alternate Seat 2
1. Roll Call
Vice Chairman Mercer called the meeting to order at 6:30 p.m.
Commissioners Present: Robert Mercer, Vice Chairman; Commissioner Keith Raym, Commissioner Phillip Jannarone, Commissioner George Dluhy, Commissioner William “Dude” Phelan, Commissioner Dee Atkins
Commissioners Absent: Robert Froehling, Chairman; Commissioner Doug Smith, Commissioner Charles Kish
2. Moment of Silence
Vice Chairman Mercer requested a Moment of Silence
3. Pledge of Allegiance
Vice Chairman Mercer led in the Pledge of Allegiance
4. Adoption of Agenda
Motion to adopt the Agenda was made by Commissioner Atkins; seconded Commissioner Dluhy. Motion was approved 6/0.
5. Approval of Minutes – None
6. Citizen Input
7. Public Hearing – Applicant: Citrus County School Board - Vacation of a portion of NE 4th Avenue
Ms. Gorman provided a brief overview of the item, and explanation of the subsequent steps in the approval process, including zoning change and land use adoption. She advised that City staff has recommended approval of the vacation request, as no City utilities are in the right-of-way, noting that any required buffering would be addressed during the site plan process.
Ms. Gorman introduced Chuck Dixon, Director of Planning and Growth Management Department for the Citrus County School District.
Commissioner Jannarone asked if there had been any objections from neighbors to which Ms. Gorman confirmed that there were not. One adjacent property contacted staff to inquire about the proposed vacation and was satisfied with the explanation provided.
Mr. Dixon provided a brief explanation of the circumstances that resulted in the acquisition opportunity, stating that upon the owner’s passing the heir notified the School Board of the potential disposition, as the School Board has been looking at the property for years. He stated that anytime land adjacent to a school becomes available, especially when the parcel is landlocked, the School Board will look to identify potential uses that could address issues such as traffic or drainage. Mr. Dixon advised that parking issues at Crystal River Middle School, due in part to the many events held at the location and the growing trend of students being driven to school by parents, has resulted in the need for expanded parking capacity. He noted that the purchase would be an excellent investment for the School Board and the portion that is available would not block right of way for any adjacent property owners.
Commissioner Dluhy asked if the property had been sold, to which Mr. Dixon replied that the property is under contract and the sale is contingent upon the vacation, as the intended use would not be allowable otherwise, advising of the subsequent land use and zoning change that would occur if the vacation request were granted. Commissioner Dluhy asked if the contingency would be like putting the cart before the horse to which Mr. Dixon responded that the school board would not be interested in the purchase unless the intended use was allowable.
Commissioner Raym advised that he spoke with Vice Principal Selby, who confirmed that parking availability issues do arise during school events, but was also concerned that with multiple contingencies related to the sale, the vacation could be granted but the School Board could still back out of the sale.
Mr. Dixon explained that contingent sales are not uncommon, advising that when a property is vacated, half of each side goes to each adjoining property owner, so the worst case scenario would be that 25 feet would go to Mr. Bilharz and the other 25 feet would go to the School Board, adding that Mr. Bilharz’s property is comprised of three lots running perpendicular with the road.
Commissioner Phelan noted that the Memorandum prepared by staff states that the request was submitted by Citrus County School Board, asking if Mr. Bilharz had also submitted a request, as the School Board portion and the portion owned by Mr. Bilharz are both contiguous.
Mr. Dixon advised that he is representing Mr. Bilharz in his request to vacate and also made application on his behalf. Ms. Gorman advised of the written documentation provided by Mr. Dixon authorizing this representation.
Commissioner Raym noted that Lots 27, 28 and 29 are included in the request, asking if 30 was also included. Mr. Dixon confirmed that 30 was included and there were four lots, total.
Commissioner Jannarone asked if the school would still be able to make use of the property in the event that the portions were to be vacated, but other contingencies were unmet. Mr. Dixon confirmed that they could, and advised that the City could also make the vacation contingent upon the sale, citing the Crystal River Primary School bus loop as a more complicated example.
Mr. Phelan noted that there is a short stub out of a road dead end and two contiguous property owners at the end, and asked for confirmation that both of those property owners are requesting the vacation. Mr. Dixon confirmed that this was correct.
Ms. Gorman advised that 14 property owners were notified, going beyond the minimum requirement to inform only those who were adjacent.
Commissioner Jannarone asked if the vacation will be recommended to Council upon approval, to which Ms. Gorman confirmed that it would.
Motion to approve was made by Councilmember Jannarone; seconded by Councilmember Atkins. Motion carried unanimously.
Ms. Gorman provided clarification regarding the process, advising that the land use and zoning change would go separately before the Planning Commission at a future date.
8. New Business
9. Unfinished Business
Commissioner Jannarone asked for clarification regarding a memorandum pertaining to a previously submitted petition to vacate a portion of NE 9th Street and Citrus Avenue. Ms. Gorman then provided an update on the status of the application, stating that the request is currently on hold.
10. Committee Reports
11. Staff Comments
Ms Gorman advised that she had two discussion items to bring forward, the first pertaining to the Planning Commission’s role in the vacation process. Ms. Gorman went on to describe the process and advised that, although it is not statutorily mandated, staff has brought forth petitions to vacate right of ways for Planning Commission review as a best practice, as the Planning Commission’s perspective can vary from that of Council and staff. Ms. Gorman stated that, in the interest of formalizing the right of way vacation process, she would like the Planning Commission to weigh in regarding the level of involvement they wished to have in the review and recommendation of these petitions. Ms. Gorman added that most municipalities do bring these types of matters before their planning boards. The Planning Commission wished to discuss the matter and reach a consensus during this meeting.
Commissioner Phelan advised that the Planning Commission has a more focused agenda that they must consider, and that Council may find the Planning Commission’s considerations on such matters to be helpful and would think that they might continue to do so.
Commissioner Raym agreed that Planning Commission should continue to review the vacation petitions, as they have the time to discuss these matters in depth and share their perspective with Council.
Commissioner Jannarone concurs, noting that the Planning Commission has 9 members versus 5 and the more individuals weighing in the better.
Commissioner Dluhy stated that he is fine with acting in this advisory capacity and it would be no problem.
Commissioner Atkins stated that she feels it would be a good thing, adding that with the Planning Commission’s diversity of expertise, they have the ability to deconstruct and reconstruct an issue within minutes.
Vice Chairman Mercer concurred, adding that the Planning Commission, Waterfronts Advisory Board and the Tree Board focus more on the details and less on the politics of the matters brought before them, and he is very much in favor of reviewing right of way vacation requests.
Commissioner Jannarone asked Ms. Gorman for clarification regarding the purchase of vacated property. Discussion ensued during which Commissioner Phelan recalled the issue being brought up during a previous meeting when it was determined a municipality would benefit from the tax revenue derived from the expanded piece of property.
City Attorney Brannigan stated that this matter was previously researched, that there are ways to be compensated to a limited extent, the recollection of the details would require review, however there have been vacations that have occurred on an in kind exchange basis.
Vice Chair Mercer stated that he would like the legal opinion regarding that matter.
Ms. Gorman advised that she will be providing Planning Commissioners with a copy of the portion of the 2014 Florida Statutes that specify the role and functions of a local planning agency.
Ms. Gorman also advised that the Department is getting busy, adding that two Habitat for Humanity homes are currently under construction on a property donated to the City as a result of a code enforcement lien.
Commissioner Jannarone asked what happens to the back taxes owed in a situation like that. Ms. Gorman advised she did not recall and Commissioner Jannarone stated that he would like to know how that general process works.
Ms. Gorman advised the Planning Commission of some of the current projects taking place in the City, including two houses going in off Kings Bay Drive, an addition to Charlie’s Fish House, along with a fishery on the opposite peninsula, a demolition and replacement of Wendy’s, and the Pizza Hut nearing completion. She also advised that a demolition and replacement of ABC Liquor was approved, and that Hardee’s has not reached a final decision regarding site preference.
Commissioner Jannarone asked for an update on the progress of Sears Appliances and Ms. Gorman advised that they were currently working on interior; however there have been some issues with the shopping center management. Ms. Gorman also advised that a major land use and zoning change matter will be coming up for a parcel located off of Fort Island Trail, and relates to the new commercial PUD.
Commissioner Jannarone asked for a status update regarding the Old Roy Brown parcel, which Ms. Gorman provided, stating that there have been major code violations cited and the Fire Marshall is now involved. Commissioner Jannarone made further inquiry as to the type of operation, and Ms. Gorman advised him of the several uses.
Ms. Gorman advised that staff will also be working on ordinances in the upcoming months.
12. Commissioner’s Comments
13. Chairman’s Comments
14. Adjournment
Motion to adjourn the meeting at was made by Commissioner Phelan; seconded by Commissioner Jannarone. Motion carried unanimously. Meeting was adjourned at 7:05 p.m.