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HomeMy WebLinkAbout12-15-2016 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 15, 2016 1. Call to Order — Chairman Roth called the meeting to order at 6:00 pm. 2. Pledge of Allegiance was recited by all. 3. Roll Call Present: Chairman Roth Mr. Alvarez Ms. Kautenburg Mr. Hughan (a) Mr. Carter Mr. Simmons (a) Mr. Qizilbash Excused: Mr. McManus Vice Chairman Reyes Also Present Mr. Robert Ginsburg, City Attorney Ms. Dorri Bosworth, Planner Ms. Susan Mann, Recording Consultant Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Agenda Modifications r 00 1�11 CY)C C ccm C ,y c� E ca cC>> .0 'C o 0 M (!N s � a Mr. Roth explained that Mr. McManus and Mr. Reyes have excused absences; Mr. Hughan and Mr. Simmons would be voting in their places. He congratulated Mr. Alvarez on becoming a full member. He welcomed Mr. Simmons as an alternate. Mr. Roth requested the Commissioners' approval to move New Business Item 9.A. to before the Quasi -Judicial and Public Hearings. A motion was made by Mr. Qizilbash, seconded by Mr. Alvarez. The motion passed unanimously by voice vote. Mr. Ginsburg requested an agenda modification to add Medical Marijuana Update under new business. 5. Approval of minutes A. Regular Meeting of November 10, 2016 Mr. Roth asked if there were any modifications to the November 10, 2016 minutes; hearing none he called for a motion. MOTION: by Carter/Qizilbash to approve the minutes as presented. 7 a 9 PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 ROLL CALL: Mr. Qizilbash — Yes Ms. Kautenburg — Yes Mr. Roth — Yes Mr. Alvarez — Yes Mr. Carter —Yes Mr. Simmons (a) — Abstained Mr. Hughan (a) — Yes Total vote was 6-0. Motion Carried B. Regular Meeting of July 21, 2016 Mr. Roth asked if there were any modifications to the July 21, 2016 minutes; hearing none he called for a motion. MOTION: by Alvarez/Carter to approve the minutes as presented. ROLL CALL: Mr. Hughan (a) —Abstained Mr. Alvarez — Yes Mr. Qizilbash — Yes Mr. Carter —Yes Ms. Kautenburg — Yes Mr. Simmons (a) — Abstained Mr. Roth —Yes Total vote was 5-0. Motion Carried 9. New Business (Agenda Reorganization) A. Accessory Structure Review — LDC Section 54-2-7.5 — 644 Atlantus Terrace — 20'X 30' Shed — Kurt and Jane Nagel Mr. Ginsburg read the Accessory Structure Application by title. Mr. Roth called for the resident to come forward and provide details on the project. Mr. Kurt Nagel, 644 Atlantus Terrace, explained that he owns Lots 7 & 8 and they are unified. He stated that he wants to place a 20'X30' shed on the lot 8. He provided details on the appearance of the structure. He stated that it will be painted to match the house and the metal roof will be painted to match the shingles on the house. He stated that it will be approximately 20' behind the front of the house and he is leaving more trees than are required on the lot. Mr. Roth asked if the drawing provided is actually where the structure will be placed. Mr. Nagel responded that the drawing as done by Mr. Smalley after meeting and looking at the location, so he is reasonably certain that will be its location. Mr. Roth called on Ms. Bosworth to provide the staff report. Ms. Bosworth stated that the application is before the Commission because it is 600SF which, because of its size, is required by code. She noted that the number of trees that will be left on the lot exceeds what is required and that the structure would be painted to match the house. She explained that the drawing enclosed in the packet provided to the Commission is not the one submitted with the application because she revised it so PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 ROLL CALL: Mr. Roth — Yes Mr. Carter —Yes Mr. Alvarez — Yes Ms. Kautenburg — Yes Mr. Qizilbash — Yes Mr. Simmons (a) — Yes Mr. Hughan (a)—Yes Total vote was 7-0. Motion Carried 6. Quasi -Judicial Public Hearings A. Public Hearing — Recommendation to City Council — Preliminary plat for Jackson Street Corners (Commercial) Subdivision — A Re - plat of a Portion of Ocean Breeze Heights Subdivision — SW Corner of the intersection of Jackson Street & U.S. Highway #1 — 6.11 Acres — Commercial Riverfront (CR) Zoning District. Mr. Ginsburg read the Project Description Narrative for the Record. Mr. Roth asked if there was any ex -parte communications that needed to be reported — no one responded. Mr. Ginsburg swore in those planning to testify before the Commission on applications shown as Items 6 A. and 6 B on the Agenda. Mr. Roth called on the applicant to make his presentation. Mr. Earl Masteller, Masteller & Moler, Inc., Vero Beach, FL, stated that he is the Project Engineer and is a resident of Sebastian. He introduced Mr. Steven Neveleff, Remington Stewart, LLP, representing the Project Owner. Mr. Masteller stated that the staff report is very comprehensive and that he or Mr. Neveleff will answer any questions the Commissioners have after staffs presentation. Mr. Roth requested the staff presentation. Ms. Bosworth stated that application being presented is the Preliminary Plat Review for a portion of the Ocean Heights Subdivision. She reviewed the three surveys before the Commissioners and provided a history of the property. She stated that when the re -plat is complete there will be three lots, and each parcel will come before the Commissioners for Site Plan Approval as they are developed. Ms. Bosworth reviewed the staff recommendations providing details on what is existing and what is proposed for the property. She concluded that staff recommends approval of the proposed Jackson Street Corners subdivision preliminary plat with the condition that a policy be included in the Covenants addressing maintenance of individual storm water systems which will be on each of the lots. Mr. Roth stated that the corrections to the plat that were referred to were not included in his documentation. Ms. Bosworth explained that because this application will be forwarded to City Council, the corrections to some verbiage and removal of a line will be done prior to forwarding the application. She stated that she wanted it on the record that these changes will be made. PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 Mr. Roth called for questions of the staff. Hearing none he called for questions of the applicant. Mr. Qizilbash noted that the lots are owned by two separate entities. He expressed concern about the drainage issue. Ms. Bosworth explained that the stormwater systems is a condition of approval. Mr. Neveleff stated that he and his partner own the two companies shown on the plat and the entire parcel of land is under their ownership. Mr. Roth opened the Public Hearing. He called for anyone wishing to speak in favor of the application. Seeing none he called for anyone wishing to speak in opposition to the application. Seeing none he closed the Public Hearing and called for questions or comments from the applicant. Mr. Neveleff stated that they are in full agreement with the staff report and recommendations. He asked that the Commissioners approve the application and forward it to the City Council. Ms. Bosworth stated that staff recommends approval with the condition that a policy and/or statement addressing maintenance of individual stormwater systems be included in the Covenants and Deed Restrictions, which is required with final plating. Mr. Hughan asked for details regarding ingress/egress to the individual lots. Ms. Bosworth responded that because they will be developed individually ingress/egress will be addressed at the site plan stage. He pointed that there is a shed encroaching lot 1. The applicant responded that will be addressed during development. He asked about the sidewalk on lot 1. Ms. Bosworth responded that it will be included in the final plat as a proposed easement and dedicated for public use. Mr. Roth called for any further questions. Hearing none he called for a motion. MOTION: by Carter/Qizilbash "I make a motion to recommend to the City Council the preliminary plat for Jackson Street Corners re -plat of a portion of Ocean Breeze Heights Subdivision at the southwest corner of the intersection of U.S. Highway #1 and Jackson Street with the conditions recommended by staff." Mr. Roth asked if the motion was clear, hearing no response he called for a Roll Call. ROLL CALL: Mr. Roth —Yes Mr. Qizilbash — Yes Mr. Alvarez — Yes Mr. Carter —Yes Total vote was 7-0. Motion Carried Ms. Kautenburg — Yes Mr. Hughan (a) — Yes Mr. Simmons (a) — Yes PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 B. Quasi -Judicial Public Hearing — Site Plan Waiver — Jackson Street Corners — 6,863 SF Medical Building & 9,996 SF Retail Store — 1801 & 1807 U.S. Highway #1 — Commercial Riverfront (CR) Zoning District — Requested Waiver from LDC Section 54-4-21.A.7(c)(2): Riverfront Overlay Landscape Requirements. Mr. Ginsburg read the Project Description Narrative for the Record. Mr. Roth asked if there was any ex -parte communications that needed to be reported — no one responded. Mr. Roth requested the applicant come forward and make their presentation. Mr. Earl Masteller, Masteller & Moler, Inc., Vero Beach, FL, stated that he is the Project Engineer. He stated that the staff report is very comprehensive. Upon the completion of the staffs presentation he would be happy to answer any questions. Ms. Bosworth provided a detailed explanation of the application and site plan review. She explained that the builder will construct the shell of the medical building with the tenant responsible for securing the permits for interior work and that there is a drawing of the proposed retail space included in their packet. Ms. Bosworth provided an explanation of the site as related to drainage, dumpster location, mechanical screening, retail delivery truck flow plan, etc. She noted that as far as drainage the developer has met the City's Land Development Code and have received SJRWMD approval. She explained that there are some protected species which have been addressed. She stated that the sidewalk is within the easement along with an access road which will allow transit through the property to Jackson Street. She stated that staff recommends approval with five conditions. She explained that condition 2 has been met and following Mr. Watanabe's presentation on traffic condition 5 may be revised. Mr. Watanabe stated that the intersections are important in the traffic studies and noted that the Jackson Street/US1 and Main Street/US1 failed. He explained that the applicant's traffic study proposed adjusting the traffic signal timing at those intersections in order to improve the traffic flow. He stated that with this change staff approves the traffic conditions and the application. Mr. Roth asked why there are no speed limit signs on Jackson Street. Mr. Watanabe responded that per Florida Statute the speed limit on all streets is 30 MPH unless posted otherwise and did not advise posting a speed sign. Mr. Roth called for questions from the applicant. Mr. Neveleff asked for clarification of Item 5 of the staff recommendations. Mr. Ginsburg read the revised Item 5 "Traffic signal timing adjustments to the lights at the Jackson Street/US#1 intersection and the Main Street/US#1 intersection shall be submitted to the IRC Traffic Engineering Department, for its consideration, before the Certificate of Occupancy is issued." Mr. Ginsburg explained that it is at the discretion of the County whether or not the recommended changes are made. The only condition that can be placed on approval is that the recommendation is submitted to the County prior to the CO being issued. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 Mr. Neveleff stated that they have worked very hard with staff to meet all the conditions including the new Item 5. He provided details on the occupants and expressed that he feels it will be a good addition to the City with a minimum of impact. He requested the Commissioners approve the application with the conditions shown in the staff report. Mr. Qizilbash asked if the City has received the permit from SJRWMD for the aquifer. Ms. Bosworth responded to the affirmative. He asked about the required distance of the driveway into the site from the intersection. Mr. Watanabe responded that the driveway, servicing the trucks, will mirror that of the Taco Bell which is an adequate distance from the intersection. Ms. Bosworth stated that included in the application is a plan for re - stripping Jackson Street which should assist with the addition of the driveway. Mr. Roth asked for details on the requested waiver from the landscape requirements. Ms. Bosworth responded that the applicant is requesting to reduce the number of trees by 5 and staff feels that with the other landscaping and the site configuration the aesthetics would not be negatively impacted. Mr. Roth asked if the split rail fence separating the retention pond and the parking has been reviewed by staff. Ms. Bosworth stated that staff felt the split rail fence would be more attractive than a standard highway barricade. She explained that the parking adjacent to the other retention pond would have a hedge and concrete wheel stops. Mr. Roth asked if the crosswalk would be repainted when Jackson Street was restriped. Mr. Watanabe responded it would be. Mr. Roth called for any further questions, hearing none he called for a motion. MOTION: by Carter/Alvarez "I make a motion that we approve the site plan with the waiver for the Jackson Street Corners consisting of 6,863 SF medical building and a 9,996 SF retail building at 1801 and 1807 U.S. Highway #1 Commercial Riverfront (CR) Zoning District. The requested waiver and also the 5 conditions recommended by staff." Following discussion the motion was modified deleting condition 2 and modifying condition 5 to read as stated by Mr. Ginsburg. Mr. Roth asked if the motion was clear, hearing no response he called for a Roll Call. ROLL CALL: Ms. Kautenburg —Yes Mr. Carter —Yes Mr. Roth — Yes Mr. Qizilbash —Yes Total vote was 7-0. Motion Carried Mr. Alvarez — Yes Mr. Hughan (a)—Yes Mr. Simmons (a) — Yes Mr. Roth stated that the proposed development will be a great addition to the City. 7. Unfinished Business — None PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF DECEMBER 15, 2016 9. New Business (Agenda Addition) B. Medical Marijuana Update — Mr. Ginsburg Mr. Ginsburg stated that he had provided the City Council his recommendations regarding regulating Medical Marijuana distribution points within the City. He advised them that it would be appropriate for this matter to be reviewed by the Planning and Zoning Commission. He provided detailed information on how society as a whole looks at the issue and how the Supreme Court views the issue. He stated that he provided two avenues to the City Council. One is to handle the matter as site specific as each application is brought to the City and apply the restrictions that are appropriate to that particular site. The other would be to modify the Code to apply to any application regardless of its location, that action would require an ordinance amendment. He stated that he would like to place this question on the Commission's next agenda for discussion and direction. Mr. Roth concurred with placing it on the next agenda. 8. Public Input —None 10. Commissioners Matters Mr. Qizilbash asked if the new retention pond on Tulip Drive is complete. He expressed concern that it be fenced due to its close proximity to a playground. Mr. Watanabe responded that it is fenced in the rear, but in the front there is more decorative fencing along with benches. He explained it is the exact configuration as the park on Periwinkle. He stated that the residents surrounding the park area advised him that they feel it is an asset to the community. 11. City Attorney Matters —None 12. Staff Matters Ms. Bosworth stated that as a result of previous requests for a variance for 8 foot fences that topic may be placed on the January 19th agenda for discussion. The matter will be to determine if a Code change is applicable or if each request would continue to be handled as a variance. 13. Items for Next Agenda — Identified during meeting. 14. Adjourn Chairman Roth wished everyone a very Merry Christmas and Happy New Year. He called for any further business, hearing none he adjourned the meeting at 7:27 pm. /sm