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HomeMy WebLinkAbout03-03-2016 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 3, 2016 1. Call to Order – Chairman Roth called the meeting to order at 6:00 pm. o' Ca 2. Pledge of Allegiance was recited by all. CSI C O m 3. Roll Call Present: Chairman Roth Mr. McManus C N Vice Chairman Reyes Mr. Qizilbash A E Mr. Carter Mr. Alvarez (a) CL E Mr. Dodd Mr. Hughan (a) C O Ms. Kautenburg ca (� Also Present Rf .0 Mr. Kelley Armitage, City Attorney b C o Mr. Frank Watanabe, City Engineer Q Ms. Dorri Bosworth, Planner/Recording Secretary )O Ms. Dale Simchick, IRC School Board Liaison was present 4. Announcements and/or Agenda Modifications Mr. Roth noted that a full commission was present including alternates. He welcomed Mr. Kelley Armitage and explained that he is legal counsel substituting for Mr. Ginsburg who is ill. Mr. Roth stated that staff had requested moving New Business — Item A, to before Public Hearings. He made a motion to reorder the agenda. The motion passed unanimously by voice vote. 5. Approval of minutes — None Mr. Qizilbash asked about the status of the minutes. Ms. Bosworth apologized for the delay. She stated that she is behind on minutes, but the video is available for the last two meetings or she could arrange for an audio recording if needed. 9. New Business (Agenda Reorganization) A. Request for Outside Display area in the Riverfront Overlay District — Section 54-4-21.3(b)(1) — Harry B's Golf Carts — 1400 Highway #1. Mr. Roth read the request by title and requested anyone wishing to present information to the Commission come forward. Ei rt a Planning and Zoning Commission Page 2 of 10 Minutes of Regular Meeting of March 3, 2016 Mr. Harry Blauvelt came forward and stated that he has been working with staff as related to his opening a golf cart sales business at 1400 US Highway 1, in Sebastian. He explained that he would like to display two golf carts in front of his business to make the public aware of what his product is. He stated that he has worked with staff and is aware of the rules and regulations regarding outside display. He thanked the Commission for their consideration. Mr. Joe Griffin, City Manager, came forward and stated that he is in favor of the request and feels that Harry B's will be a good addition to the City. He explained that the particular location has had difficulty retaining tenants and Harry B's presents a pleasant and colorful image both inside and out. Mr. Roth thanked Mr. Griffin for his comments and called for staff recommendations on the request. Ms. Bosworth stated that Mr. Blauvelt has been working with staff on opening the golf cart sales business over the last few months. She explained that as part of opening the business Mr. Blauvelt has requested being permitted to display golf carts outside. She stated that as required by code in the Riverfront Overlay District such approval must come from the Planning and Zoning Commission. She explained that the area he is requesting for display is 6 ft. x 20 ft. in front of the building, rather than a specific number of carts to be displayed. She concluded by stating that staff recommends approval of the request as presented in Mr. Blauvelt's letter dated February 16, 2016 which is attached to the request. Mr. Roth inquired about staffs position on limiting the number of carts on display. Ms. Bosworth responded that the code does not establish a specific number, but the Commissioners could do that. Mr. Carter stated that he has seen carts parked outside in various locations on the site and asked if that will continue once the display area is established. Mr. Blauvelt stated that carts come and go and there may be times when carts are parked in various locations awaiting pick up or in the process of being stored inside the building. Mr. Carter thanked Mr. Blauvelt and wished him the best of luck. Mr. McManus stated he supported the request, but felt the number of carts on display should be limited to two. Mr. Reyes asked for details on what is planned for the display area. Mr. Blauvelt responded that his plan is to have 2 to 3 carts and a new sign out front so people passing by will know what he offers. He stated that he has a showroom inside which is where customers would look at carts and transact business. Mr. Reyes asked if any of the previous tenants had asked for outside displays. Ms. Bosworth responded they had not. She explained, that in the case of a business such as a thrift shop, which would set out various small items for display, staff did not see it as a problem. However, the carts Planning and Zoning Commission Page 3 of 10 Minutes of Regular Meeting of March 3, 2016 are larger and staff felt it was a different situation. Mr. Reyes asked about the location of the carts in the proposed display area and expressed concern about their being on the sidewalk. Ms. Bosworth responded that the display carts will be on the grass, not encroaching the sidewalk. Mr. Blauvelt showed the Commission a picture of his proposed sign to be placed in front of the building. Ms. Bosworth advised that the sign structure is already there and what Mr. Blauvelt proposes is just new content. She stated that the sign will not come to Planning and Zoning, it will be handled by the Building Department. Mr. Dodd stated that he had driven by and there were two carts in the proposed display area and they were not obtrusive at all, did not encroach the sidewalk and did identify what the business did. He stated he supported approval and felt the City should do whatever they could to help a business succeed in that location. Ms. Bosworth advised the Commission that staff recommends approval with the condition that it is business specific. If in the future another business were to locate there and wanted to display items in that space they would have to follow the approval process. Ms. Kautenburg asked where customers would take the carts for a test drive. Mr. Blauvelt responded that test drives are done in the parking area, but if the customer wants a larger area, he has the space at his other location for that. Ms. Kautenburg expressed concern about past tenants and their displays becoming a problem. She asked if there could be a limit of no more than 2 carts displayed at one time to prevent the possibility of creating an eyesore. Ms. Bosworth deferred the question to Mr. Armitage. Mr. Armitage responded that there is not anything in the code that limits the number of carts, but that is at the discretion of the Commission. Mr. Blauvelt stated that he represents 4 companies and at no time would there be any more than 4 carts on display. Ms. Kautenburg reiterated her concern to limit the number to two display carts. Ms. Simchick stated that she thought Harry B's would be a great addition to the City and was happy that the City Manager supported it. She wished Mr. Blauvelt the best of luck. Mr. Roth asked if there would be price signs on the carts. Mr. Blauvelt responded that he would handle signage on the carts to comply with the City's preferences. Mr. Roth called for any further comments or questions from the Commissioners, hearing none he called for staff recommendations. Ms. Bosworth stated that staff recommends approval of the outside display with the condition that the approval be business specific. Planning and Zoning Commission Page 4 of 10 Minutes of Regular Meeting of March 3, 2016 Mr. Roth asked if there was any further discussion, hearing none, he called for a motion. MOTION: by Dodd/Kautenburg "Mr. Chairman I move that we approve the outside display area sufficient for displaying 2 carts for Harry B's Golf Carts, conditionally that the approval is specific for Harry B's Golf Carts only and will not succeed to future businesses without additional approval from the Planning and Zoning Commission." Mr. Carter suggested amending the motion to allow 4 golf carts to be displayed. Following a detailed discussion and input from several Commissioners the consensus was for the motion remain as originally stated. Mr. Roth called for any further discussion, hearing none, he called for a vote. ROLL CALL: Mr. Qizilbash — Yes Mr. Carter — Yes Mr. Roth — Yes Ms. Kautenburg — Yes Mr. Reyes —Yes Mr. McManus — Yes Mr. Dodd — Yes The vote was 7 - 0. Motion Carried. Mr. Roth advised Mr. Blauvelt to meet with staff when he had his signage ready and wished him well with his business. 6. Public Hearings (Agenda Reorganization) A. Quasi -Judicial Public Hearing — Conditional Use Permit — Commercial Amusement, Enclosed, Commercial General (CG) Zoning District — Strike Zone Entertainment Center 730 S. Fleming Street — Bowling Lanes with Accessory Arcade, Bar & Restaurant, and Indoor Laser Tag Arena. Mr. Roth asked if there was any ex -parte communications that needed to be reported. Hearing none he called for anyone wishing to present factual information to be sworn in. Mr. Armitage swore in those planning to speak before the commission. Mr. Roth stated that that the application before the commission is for a change in the approved use of a tenant space. He called for the representative of the application to come forward and make his presentation. Mr. Art Krieger, 7005 43`d Avenue, #2, Vero Beach, FL 32960, Project Agent explained that it would be a family fun and entertainment center. He stated that there would be no gambling and the arcade prizes would be in the form of toys, etc. He provided details of the entertainment that would be provided and the facilities the center would have. He stated that the intent is to revitalize the shopping center and that he is currently working with an architect on the design as well as infrastructure specialists on electrical, plumbing, etc. to ensure the proper services are in place prior to opening. He explained Planning and Zoning Commission Page 5 of 10 Minutes of Regular Meeting of March 3, 2016 that one plan for the center is to do benefits for various groups where the proceeds would be shared with the group and the center. He stated that there would be a sports bar which would serve beer and finger food, but stressed the plan is to provide family fun and entertainment. Mr. Roth thanked Mr. Krieger for his presentation and called on staff to present their recommendations. Ms. Bosworth explained the zoning codes and stated that the application is for a conditional use permit for the entertainment center. She reviewed the four (4) specific criteria stipulated for the respective conditional use as described in the code and the details on how this use complies with those criteria. She stressed that the Commissioners' action this evening is to approve or deny the use and not the floor plan. She concluded by stating that staff recommends approval and that they are happy to see an empty space be filled. Ms. Kautenburg stated that she is glad to see a family recreation center come to the City. She expressed concern about the arcade games providing any type redemption to the children. Ms. Bosworth explained that they have written confirmation that the proposed arcade machines are for children and not the type found in adult arcades. Ms. Kautenburg responded that providing the children redemption from an arcade game could result in their frequenting an adult arcade when they grew up. Mr. Dodd stated that the center is just what the area needs to provide growth. He asked for details about the parry patio and ramp in the no work area. Mr. Krieger responded that it is intended for smokers to prevent them from gathering at the entry door. He explained that the developers of the center are very professional and aware of the importance of providing a safe environment for its patrons. He stated that the redemption issue is of concern, but stressed that the majority of the patrons would be using the Laser Tag room. Mr. Reyes stated that he feels this is a great location and use of the building and that the kids of the City need a facility of this type. Mr. Krieger explained that the owners are avid bowlers and have arranged to offer scholarships to teenage bowlers who want to become PBA members. Mr. Alvarez inquired if 14 lanes would be sufficient to meet the demand and if the center would have bowling leagues. Mr. Krieger responded that a study had been done by a private company and Brunswick and the recommendation based on demographics was 12 to 14 lanes that is why they opted for 14. He stated that he is already getting calls from people interested in joining leagues. Mr. Alvarez stated that he supports the project completely. Mr. Carter stated that he is excited about the project and wished them luck. Planning and Zoning Commission Page 6 of 10 Minutes of Regular Meeting of March 3, 2016 Mr. Qizilbash stated that he is excited for the kids of Sebastian but expressed concern about the septic system. Mr. Krieger responded that they have been in contact with a professional plumbing contractor who is reviewing the requirements of the site and are making recommendations on how to proceed correctly. Mr. McManus stated that he thinks it is a great addition to the City for both the children and adults. Mr. Krieger explained that extensive time and effort has been put into making sure the center meets all the ADA requirements. He provided details on how the ramp at the entryway is structured to allow direct access to the bowling alley which can be used by bowlers for transporting their bowling balls in rolling bags. Mr. Hughan asked what the hours are planned to be. Mr. Krieger responded that, to his knowledge, it is proposed to be opening 10am to 11 am on weekdays and weekends; closing on weekdays at midnight to 1 am and weekends at 1 am to tam. He stated that it may vary from that, dictated by use and management after it opens. Ms. Simchick expressed excitement about the center coming to Sebastian. She stated that it will provide entertainment and activities in addition to what is provided by the schools and will provide the children a place to go for recreation. Mr. Roth noted that the restaurant is to serve snacks and ask if in the future a full service restaurant could be opened. Ms. Bosworth responded that the restaurant meets the applicable requirements and they could offer full food service should they decide to do so in the future. Mr. Roth expressed concern about the possibility of the party area becoming a noise issue should there be a band or entertainment. Mr. Krieger responded that at this time there is no intent to provide any form of entertainment in that area, it is a deck with no entry/exit available. He provided details on the ingress/egress doors by stating they would either have alarms on them or would be accessible by staff only. He also explained the fire sprinkler system that will serve the center and the lease space. Mr. Roth asked about the existing propane tanks and natural gas equipment that is in that area which could be a hazard. Ms. Bosworth responded that would be addressed by the fire inspectors through the Building Department. Mr. Krieger stated that they are converting to natural gas resulting in all the propane tanks being removed. The gas lines will be underground with only meters at the various tenants. He also stressed that the area will be monitored and security will be the first concern. Mr. Roth asked staff if sign placement would be in the existing location. Ms. Bosworth responded that it would be. He expressed concern about the stop signs and asked that they be replaced as needed. Ms. Bosworth responded that those issues will be addressed prior to CO and the question at this time is change in use. Mr. Krieger stated that, with City approval of the color, the outside of the building will be completely Planning and Zoning Commission Page 7 of 10 Minutes of Regular Meeting of March 3, 2016 repainted and the entire parking lot will be resealed, restriped and all necessary markings will be repainted. Mr. Roth called for any further questions, hearing none he opened the meeting for public comment. He called for anyone wishing to speak in favor of the application, hearing none, he called for anyone wishing to speak in opposition to the application. Hearing none, he closed the meeting to the public. He requested staff summarize their recommendations. Ms. Bosworth stated that staff recommends approval of the Conditional Use Permit for Strike Zone Entertainment Center. Mr. Dodd asked if the approval is business specific or site specific. Ms. Bosworth responded that it is site specific. Mr. Roth called for any additional questions or comments, hearing none he called for a motion. MOTION: by Carter/McManus "I make a motion to change the use of tenant space from retail to entertainment requiring a conditional use permit within the Commercial General Zoning District at 730 South Fleming Street. Mr. Roth asked Mr. Armitage if the motion was correct. Ms. Bosworth read the motion back and Mr. Armitage stated that it was correct. Mr. Roth called for any further questions, hearing none he called for a vote. ROLL CALL: Mr. Qizilbash — Yes Mr. McManus — Yes Ms. Kautenburg — Yes Mr. Reyes —Yes Mr. Roth — Yes Mr. Carter —Yes Mr. Dodd — Yes The vote was 7 - 0. Motion Carried. Mr. Roth thanked Mr. Krieger for his presentation and stated that everyone is excited to see this type entertainment center come to the City. B. Quasi -Judicial Public Hearing — Site Plan Modification — Strunk Funeral Home — Additional Parking Area – 1623 N. Central Avenue — Commercial Riverfront (CR) Zoning District. Mr. Roth asked if there was any ex -parte communications that needed to be reported. Hearing none he stated that those providing information had been sworn in earlier. He called on the applicant to come forward identify himself and make his presentation. Mr. John H. Blum, P.E., Carter Associates, Inc., 1708 21St Street, Vero Beach, FL 32960, Project Engineer introduced himself and stated that also present is Tyler Spencer, Project Engineer. He explained that the project is to add 33 new parking spaces and drive isles for Strunk Funeral Home. These spaces would be on the Planning and Zoning Commission Page 8 of 10 Minutes of Regular Meeting of March 3, 2016 adjacent parcels to the south of the funeral home. He explained that the Strunks had purchased the parcels which was the former site of IRC Fire Station. This expansion of parking and addition of drive isles would provide better access during large funerals. He provided details on the proposed project including landscaping and stormwater management. He stated that no building modifications are proposed. Ms. Bosworth explained that the application before the Commission is for the 33 parking spaces and drive isles being added on the newly acquired parcels, the existing parking has been grandfathered in and is not being changed. She stated that the applicant is doing a self -certification related to the St John's permit. Regarding the FDOT permit there will be some slight changes to the entry on US1 and a copy of the permit is in the City files. The fire department has requested some minor changes to the drive isle radius which is not reflected on the plans presented this evening, however, the fire department and Mr. Blum have been working on it and he will present the resolution. She stated that staff is happy to see additional parking being provided and the removal of the unattractive building from the US1 corridor. She stated that staff recommends approval of the site plan modification with the two conditions, Unity of Title and approval from IRC Fire Department before the project begins. Mr. Blum showed the plan and noted that the change is highlighted in yellow. He explained that there is no change to the parking, the change is to the drive isle to provide the necessary access for the fire department to reach the building. He noted that there is no change to the existing or new pavement except at the northwest corner of the site which will be rock stabilized and grassed over so it will appear no different than it is at this time. He stated that he has received verbal approval of this change from the fire department. Ms. Bosworth explained that this is correcting a deficiency in the original site plan. Mr. Qizilbash referred to the southwest corner of the plan that is highlighted in yellow and asked if the fire department is requesting widening in the new parking area. Mr. Blum responded that the highlighted area is to show that an emergency vehicle can enter through the new entrance. Mr. Qizilbash stated he is aware that they have the self -certification but asked if there was a soil sample done. Mr. Blum stated that he had soil samples and watertable testing completed for the site. Mr. Reyes asked about the well that had been on the site. Ms. Bosworth responded that all the existing infrastructure was removed during demolition of the site. Mr. Roth called for any further questions, hearing none and noting there was no public present, he called for a motion. MOTION: by Reyes/Dodd 1 move we approve the proposed site plan modification for Strunk Funeral Home additional parkway area at 1263 North Central Avenue, Commercial Riverfront Zoning District with staff recommendations." Planning and Zoning Commission Minutes of Regular Meeting of March 3, 2016 Page 9 of 10 Mr. Roth called for questions or comments, hearing none he called for a vote. ROLL CALL: Mr. Reyes —Yes Mr. Roth —Yes Mr. Carter—Yes Mr. McManus — Yes The vote was 7 - 0. Motion Carried. 7. Unfinished Business — None 8. Public Input— None 10. Commissioners Matters Mr. Dodd — Yes Mr. Qizilbash —Yes Ms. Kautenburg — Yes Mr. Dodd stated that he is aware that Mr. Ginsburg is ill and he expressed his concern and good wishes for a speedy recovery. Mr. Qizilbash asked that when a project is complete does Community Development staff make a site inspection to verify compliance. He referred to the O'Reilly's site and stated that the plantings do not meet the requirements. Ms. Bosworth responded that she and another staff member did a site inspection and when they inspected the site and measured the plantings they did meet code. She explained that when a site is being maintained by a landscaping company sometimes the plantings are cut back below the required heights. Mr. Alvarez asked if there is any city regulation regarding selling cars from a resident's yard. He expressed concern about the negative effect such activities can have on a neighborhood. Mr. Watanabe stated that is a code enforcement issue and asked he provide the address in question. Ms. Bosworth clarified that the code does not limit the number of cars that can be sold, but it does require any car sold must be licensed to the property owner. Mr. Reyes asked for an update on the swale and drainage project. Mr. Watanabe responded that the project in the north part of the City is complete. Presently staff is doing the ongoing maintenance work and with the heavy rains in some areas it is impossible to address the issues because of the ground saturation. Mr. Reyes asked specifically about the ditches that were not cleaned properly and the City had received numerous complaints. Mr. Watanabe stated that City staff has addressed the areas that had been reported. Mr. Reyes express concern about the water standing in the swales and urged that staff give priority to correcting the problem. Mr.Watanabe responded that with the large amount of rain it has been impossible to get the equipment in the areas that need further attention. Mr. Reyes asked if there was a plan for addressing the drainage issue. Mr. Watanabe responded that there was initially a plan, but in light of the fact that every ditch poses its own unique problem it has been difficult to follow a plan. He explained that the City has hired a new staff member who is licensed in Planning and Zoning Commission Page 10 of 10 Minutes of Regular Meeting of March 3, 2016 spraying of chemicals that will reduce the over growth in the ditches which should allow for better control. Mr. Roth stated that he had been told that the City's Sign Ordinance was not enforceable and asked for an update on the status of the Sign Ordinance revision. Ms. Bosworth responded that Mr. Ginsburg was working on making minor adjustments to it when he became ill and to her knowledge it is on hold at the present time. She stated that there is an enforceable Sign Ordinance in the Code. 11. City Attorney Matters — None 12. Staff Matters —None 13. Items for Next Agenda — None Ms. Bosworth stated that there probably won't be a meeting on the 17th, but there are some new projects in the works, as well as some subdivisions that are becoming active again. She projected that the summer would be busy. 14. Ad'ourn — Mr. Reyes moved to adjourn. Chairman Roth adjourned the meeting at 7:32 p.m. Ism