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HomeMy WebLinkAbout08-17-2017 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2017 1. Call to Order Chairwoman Kautenburg called the meeting to order at 6:00 pm. She announced the passing of Mr. Robert Ginsburg, City Attorney. She expressed her respect for him and the contributions he made over the years. She called for a moment of silence in his memory. 2. Pledge of Alleqiance was recited by all. 0 C CY),� INN 3. Roll Call m Present: C N N Mr. Roth Mr. McManus C Ms. Kautenburg Mr. Hughan (a) cL E F— E Mr. Carter Mr. Alvarez (L E Mr. Reyes C O CU O Not Present: Mr. Qizilbash — Excused ml0 Mr. Simmons (a) — Excused C " Also Present: Ms. Cynthia Hall, Interim City Attorney ,Q o o N O a a Ms. Dorri Bosworth, Planner r ._ ,) N Qa ¢acn Ms. Susan Mann, Recording Consultant Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Agenda Modifications Ms. Kautenburg stated that Mr. Simmons and Mr. Qizilbash are excused and Mr. Hughan will be voting this evening. 5. Approval of minutes A. Regular Meeting of July 6, 2017 A motion to accept the July 6, 2017 minutes as presented was made by Mr. Carter, seconded by Mr. Reyes and passed unanimously by voice vote. 6. Quasi -Judicial and Public Hearinqs A. Quasi -Judicial Public Hearing — Change of Use Site Plan — Pareidolia Brewery & Thomas Haynes — 712 Cleveland Street — Retail to Brewery/Bar CR Zoning District PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Ms. Hall read the request by title for the record. Ms. Kautenburg asked if there were any ex-parte communication to be disclosed; there being none she continued with the public hearing. Mr. Todd Smith, Engineer of Record, stated he is present representing the owner. He explained that the application before the Commission is for a change of use for a property on Cleveland Street from a retail use to an assembly use for a Brewery/Tavern. He stated that the building, parking and landscaping will be brought up to existing code as much as possible. Ms. Bosworth provided the history of the site and noted that it had served as the Post Office at one time. She stated that there had been no official site plans, but at this time staff is requiring one. She explained, regarding parking, that when the Presidential Street improvements were done the on -street parking was eliminated resulting in the site receiving six parking credits. She stated that the parking lot in the rear of the building will be restriped, compact car sites and motor cycle parking spaces will be added to meet the parking requirements. She stated that landscaping will be added, and although it will not meet the code staff does not feel a waiver is necessary as the property is grandfathered in. She concluded by stating that the improvements proposed will bring the site closer into compliance and staff recommends approval without conditions. Mr. Roth asked for details on the proposed patio. Mr. Smith explained it will be an open wood deck with no roof, it will have a handrail on the north side and will have tables and chairs on it. Ms. Bosworth explained that the seating capacity of the deck was taken into consideration when calculating the parking requirement. She stated that the deck will not be constructed at this time but will not have to come back before the Commission at a later date. Ms. Bosworth noted that there is a grease trap that encroaches the property next door. Although both properties are owned by the same individual there should be an easement or agreement addressing the situation. Mr. Carter stated that he believes this will be a good location and use of the site which has had a number of tenants over the years. He noted that the present location is successful and thanked the owners for investing back into the community. Mr. Reyes asked for details on the kitchen and food service. Mr. Haynes responded that the food served will be tavern type food with limited cooking. Ms. Bosworth clarified that the food service is accessory to the bar use. Mr. Reyes expressed concern about the parking and fire truck access. Ms. Bosworth explained that staff felt the proposed parking in the rear along with the parking on Cleveland would be adequate to meet the current needs. In the future should they need additional parking it could be obtained through parking in lieu. She explained that in order PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF AUGUST 17. 2017 for fire department access a parking space was eliminated and the fire department approved the proposed parking. Ms. Kautenburg called for anyone from the public wishing to speak in opposition to the application. Mr. Ben Hocker, Sebastian, stated that he is not either in favor of or opposed to, but has some questions. He stated that he did not see on the site plan ADA compliant restrooms. He asked how the occupancy requirement was determined since there are only bar stools shown. He expressed concern about the parking and the location of the motorcycle spaces. He asked if this is not a commercial use since beer will be brewed, packaged and sold. He expressed concern about the fact that the use is being changed. Ms. Bosworth explained that the capacity is calculated on space and not seating and the parking is based on this calculation. She provided details on the permitted uses and stated that this conforms to those uses. Breweries are not specifically identified in the code, and this may be something the Commission may want to establish. Mr. Reyes asked for the purpose of the grease trap. Ms. Bosworth responded that it is a Health Department requirement since there will be fried foods. She explained that both properties are owned by Mr. Haynes, but possibly an easement would address the encroachment should he decide to sell the property in the future. Ms. Kautenburg called for anyone from the public wishing to speak in favor of the application. Mr. Michael Green stated that he is the owner of the property to the west of the site and feels that the brewery will be an excellent use of the property and a good addition to the neighborhood. Ms. Kautenburg called for anyone else wishing to speak in favor of the application, hearing none she closed public input. Ms. Hall asked the applicant if he is operating as a brew pub as defined in Florida Statutes. Mr. Pete Anderson, 117 Joy Haven, Sebastian, stated that is the statute that applies to breweries producing under 1,000 barrels per year and that is the one they are operating under. He explained that the law has changed and allows a brewery tasting room to have a kitchen. Ms. Kautenburg stated that she is happy to see an older building being used for an establishment that meets the current trends. She called for any further discussion, hearing none she called for a motion. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 PAGE 4 MOTION: by Roth/Hughan "I make a motion that we approve the change of use site plan for 712 Cleveland Street as prepared and presented by planning staff." ROLL CALL: Mr. Roth — Yes Mr. Reyes — Yes Mr. Alvarez — Yes Mr. Hughan (a) —Yes Total vote was 7-0. Motion Carried. Mr. McManus —Yes Mr. Carter —Yes Ms. Kautenburg — Yes B. Quasi -Judicial Public Hearing — Site Plan Modification — New York Barber Shop — 867 Sebastian Boulevard — Additional Parking Area — C-512 Zoning District Ms. Hall read the application by title for the record. Ms. Kautenburg asked if there was any ex-parte communication that should be disclosed. Hearing none she requested the applicant to make their presentation. Mr. Todd Smith stated that he is representing the owner who could not be present. He acknowledged that he is still under oath. He explained that the property to the east of the existing site was purchased with the intent to add 10 parking spaces for the New York Barber Shop. He stated that the required landscaping and storm water management system will be installed and the two properties will be joined with unity of title. Mr. Carter commented that the applicant had been previously cited for painting his building without benefit of a permit. He expressed concern that the applicable rules are followed with this project. Mr. Reyes asked if additional landscaping could be required. Ms. Bosworth responded that the landscaping requirements do meet code for both lot 1 and lot 2. She explained that in accordance with Indian River County requirements each site cannot have their own entrance off CR512 and as a result the entrance is off Biscayne and the business parking lots are interconnected. She stated that the three conditions of approval proposed are being provided a copy of the Stormwater Exemption from SJRWMD, a copy of the Unity of Title document and a Grant of Easement across lot 2 be executed, recorded and a copy provided to the City. Ms. Kautenburg called for anyone from the public wishing to speak on this application to rise and be sworn in. Ms. Hall swore in those planning to speak. Ms. Donna Irving, President of the Italian American Club, stated that she has questions about the proposed parking lot. She noted that there is a large difference in the height of the two parking lots and asked how that would be addressed. PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Ms. Bosworth explained that there would be an unevenness between the Barber Shop and the Italian American Club's parking just as it is between the Italian American Club's parking and the next parking lot. She stated that there would be no stormwater drainage from either site onto the other. Ms. Irving asked what action the Club would need to take if the Barber Shop clients started using their lot. Ms. Bosworth explained that the easement is for a 24 foot -wide drive aisle which can be used by the public, but does not permit the use of their parking spaces. Mr. Kautenburg called for anyone wishing to speak in opposition to the application; hearing none she closed public input. Ms. Bosworth stated that staff recommends approval with the three conditions shown in the staff report. MOTION: by Carter/Alvarez " I make a motion that we accept the Site Plan Modification for the New York Barber Shop at 867 Sebastian Boulevard for additional parking in the 512 Zoning District to include the three recommendations shown on bottom of page 6 of the Staff Report." ROLL CALL: Mr. Reyes —Yes Mr. Hughan (a) — Yes Mr. Roth —Yes Mr. Carter —Yes Mr. Alvarez — Yes Ms. Kautenburg — Yes Mr. McManus —Yes Total vote was 7-0. Motion Carried. C. Public Hearing — Recommendation to City Council — Preliminary Plat — Sebastian Medical Suites Commercial Subdivision — 13035 US Highway #1 & 801 Wellness Way — CR Zoning District Mr. Joseph Schulke, Sebastian, FL, provided a description of the site and explanation of the history. He stated that the owner now wants to further subdivide and plat a three -lot commercial subdivision. He stated that the City Council can grant the requested adjustments from the LDC subdivision requirements. He explained that the exceptions are to the Right of Way frontage for all lots; environmental considerations; 2 means of ingress/egress; street characteristics and dead end streets. He stated that the right of way frontage requirement applies primarily to residences rather than commercial properties and because of the configuration of the buildings and site it would not be possible for the required frontage. The environmental concerns apply to the rear parcel which is vacant and when the site was developed in 2008 an environmental survey was conducted indicating there were Scrub Jays on the property. The platting will not impact PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 the parcel and should it be developed in the future the site plan would have to come to the City for approval and comply with all the applicable requirements. The 2 means of ingress/egress has been accomplished with an easement agreement with the St. Sebastian Church for emergency vehicles will be executed and recorded prior to the Final Plat. Regarding dead end streets, this road dead ends into a parking lot providing the ability to turn around for any size vehicle to turn around. He concluded by stating that there will be minimal improvements made to the site and offered to answer any questions the Commission has. Ms. Bosworth explained that what is allowed in the Sub -Division Section of the Land Development Code are adjustments not exceptions; similar to waivers allowed in the Overlay Districts. She advised the Commission that the adjustments will need to be included in their motion. She explained that the PNC Bank property was separated from this property and now the owner is asking to separate the Medical Suites into three lots, similar to the commercial subdivision at Jackson Street Corners which was approved. She explained that once the plat is approved the proposed improvements can be done; she agreed that the 2"d ingress/egress has been accomplished with the easement agreement with St. Sebastian Church; when the third lot is developed a site plan will have to come before the Commission for approval and a full environmental survey will be required. Ms. Bosworth stated that staff recommends approval with the adjustments listed on page 7 of the staff report and the emergency vehicle easement agreement with St. Sebastian Church be executed and recorded before approval of the Final Plat. Mr. Roth asked if the agreement with the Church has already been prepared. Ms. Bosworth responded that it was drafted, but staff had some minor changes which were made and it is now ready for signature. Mr. Roth expressed concern about the roadway and asked if stop signs would be installed. Ms. Bosworth responded that the roadway is already there and does have stop signs. Mr. Roth asked if there was any plan to develop the rear lot at this time. Mr. Schulke responded that not at this time, but when development is considered a full environmental survey will be done and if the Scrub Jays or any other environmental items need to be addressed they will be at that time. Mr. McManus asked if the right-of-way would include the rear parcel and be sufficient to allow proper development. Mr. Schulke responded it would. Mr. Reyes clarified that the rear parcel is lot 1 and not lot 3. He asked what the plan is for the retention pond. Mr. Schulke responded that the retention pond is temporary and will be moved at the time lot 1 is developed. He explained that it is in the recorded agreement that it can be moved as long as the new location serves the designated properties. He also assured Mr. Reyes that it will be expanded to the size necessary to accommodate the site. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF AUGUST 17. 2017 Mr. Reyes asked if there were septic tanks in the area. Mr. Schulke responded that both Walmart and the Church are connected to the county sewage. There is a lift station is on the Walmart property and one on the Church property. Ms. Bosworth stated that at the time lot one is developed the site plan full details on concerns such as sewage will be included. Mr. Alvarez asked if there are any immediate plans to develop the parcel. Mr. Schulke explained that there is no development planned at this time; the desire is to dissolve the condominium ownership and make it fee simple. He stated that the Bank is one lot, the Medical Suites is one lot and with this re -platting the rear parcel will become a separate lot. Ms. Kautenburg asked if the right-of-way will be deeded to the owners in perpetuity. Mr. Schulke responded that when the Final Plat is approved by City Council it will be done at that time. She also expressed concern about the compact car spaces and possibly larger cars using them. Mr. Schulke stated that the compact car spaces are the furthest away from the building and people would probably not want to walk that far. Mr. Reyes asked if the City of the County regulate what size a compact car parking space is. Ms. Bosworth responded that the City does which is 7 'Y2 feet wide by 15 feet long. She explained that a standard sized parking space is 10 feet wide by 20 feet long. Ms. Kautenburg called for anyone from the public wishing to speak in favor of the application, seeing none she called for anyone wishing to speak in opposition to the application, seeing none she closed the meeting to the public. Ms. Bosworth stated that the Preliminary Plat was reviewed by all jurisdictional agencies and all comments have been met. Staff recommends to forward a recommendation to City Council of approval, approval of the adjustments shown on page 7 of the staff report and the easement agreement with St. Sebastian Church is executed and recorded before Final Plat. Ms. Kautenburg called for any further discussion, hearing none she called for a motion. MOTION: by Roth/Carter 1 make a motion that we approve the recommendation to the City Council for the preliminary plat for the Sebastian Medial Suites, 13305 US Highway #1, with the staffs recommendations 1 — 5 of adjustments and requirement #2 recording the easement." ROLL CALL: Mr. Roth —Yes Mr. McManus —Yes Mr. Reyes —Yes Mr. Carter —Yes Mr. Alvarez — Yes Ms. Kautenburg — Yes Mr. Hughan (a) — Yes PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Total vote was 7-0. Motion Carried. D. Public Hearing — Recommendation to City Council — Special Exception Request — Warehousing/Auction House in C-512 Zoning District — 971 Sebastian Boulevard Ms. Hall read the request by title for the record. She swore in those planning to give testimony in the matter. Mr. Bill Polly, 833 Barber Street, Sebastian, FL, stated that he is seeking approval to establish a general merchandise auction house at 971 Sebastian Blvd. He stated that he wants to meet all the requirements and be a positive addition to the area. He offered to answer any questions the Commissioners have regarding the application. Mr. Carter asked about what items will be sold, how will large items be handled and when the auctions will be held. Mr. Polly responded that the items sold will be small such as household items, paintings, jewelry, estate sale; the typical type items found at a consignment shop. He stated that large items will be sold at another site which has not been selected yet. He stated that at this time he plans to hold an auction one Saturday a month with viewing starting at 4:00 pm and the sale running from 6:00 pm until 10:00 pm. Mr. Hughan expressed concern about the limited parking. Mr. Polly responded that he currently has a signed shared use agreement with three of the four other tenants. He explained that the Legacy Marshal Arts business is not open on the weekend and their parking spaces combined with the spaces allocated to his location there would be a total of 30 spaces for his use. Regarding the other businesses there is only a brief overlap of time of his operations and theirs and he has assured those businesses that he will clearly mark their spaces to prevent his customers from using those spaces while they are open. Mr. Hughan stated that his other concern is with the entrance/exit on CR512 that serves not only his location but several other businesses along 512 and the fact that traffic will be pulling in and out possibly in front of each other. Mr. Polly responded that he is aware of the configuration of the entrance/exit serving his location as well as the other businesses, but does not feel it will be a problem. He stressed that he wants to be a good neighbor and will do everything in his power to be a positive addition to the area. He stated that he has spoken with neighboring businesses and received positive feedback about the auction house. Mr. Reyes expressed his concern about the parking situation and the amount of traffic that will be generated by an auction. Mr. Polly stated that the maximum capacity of the space is 100 and parking is calculated to be 3 occupants to one vehicle which would equal 33 parking spaces; he is aware that more spaces could be required and that is why he has the shared use agreement with the other tenants. Mr. Reyes asked how many PLANNING AND ZONING COMMISSION PAGE 9 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 spaces are allocated to his business. Ms. Bosworth responded that based on the square footage he is allocated 18 spaces. Mr. Reyes asked how many people will be employed. Mr. Polly responded that on the day of the auction there would be approximately five. Mr. Reyes asked if three spaces are being combined into one. Mr. Polly explained that it is the former restaurant and a portion of the former bar. Mr. Alvarez asked if the kitchen is going to be used. He noted that there is a propane tank shown in one of the photos. Mr. Polly responded that the only thing remaining from the kitchen is a hood which will not be removed because it is not in the way and the area will be used for storage. Mr. Alvarez asked about Mr. Polly's experience in owning auction houses. Mr. Polly responded he has never owned an auction house but from the research he has done he feels it can be successful. He cited some examples of ones in the area. Mr. Polly's father in law, George, came forward and was sworn in by Ms. Hall. He stated that he ran an auction house for 10 years and believes it will be an asset to the City. He stated that does not see a problem with the parking and he will be in the parking lot to regulate the flow and the parking. Mr. Alvarez expressed his concern about the entering and exiting the site and its close proximity to the Cumberland Farms. Mr. Polly stated that there are a number of shops between his location and the Cumberland Farms and he does not feel the traffic generated by the auction house will cause a problem. Ms. Kautenburg expressed concern about the number of cars, parking and the confusion that already exists with the turn lane from Barber Street and Sebastian Blvd. She stated that she is also concerned about the congestion caused by the loading of the items purchased, not only the night of the auction, but the following days with people returning to pick up those items. Mr. Polly stated that his plan is for pick up to be done using the alley at the back of the building rather than in the front; by doing that the traffic would exit further to the west. Ms. Bosworth stated that the application is before the Commission for their review and recommendation to City Council. She stated that since there has not been an auction house in the City it was necessary for staff to consider the application in components. She provided details on the uses similar to the auction house. She explained that this is a special exception because warehousing is allowed in the industrial zoning districts, but not in the C-512 Zoning District. She provided details on the capacity of the site and stated that Mr. Polly estimates 90 to 100 people attending the auctions. She stated that there are two ways to address capacity, one would be to have 90 permanent seats installed or to calculate capacity by the square footage of the area. She stated that staffs concern is the parking and there needs to be a formal plan in place to address this. She PLANNING AND ZONING COMMISSION PAGE 10 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 suggested that arrangements could be made to use the adjacent vacant lots or parking spaces of other businesses for overflow parking. Ms. Bosworth stated that a mailing was done to the surrounding residents advising them of the application and Public Hearing to which she received one objection. She explained that the objection was to the traffic and noise coming from the alley behind the business. She expressed concern about the number of cars that could be lined up in the alley to pick up merchandise and stated that an alternative plan needs to be formulated. Ms. Bosworth reviewed the Required findings of fact (Section 54-2-3.1(a)(3) in detail. She stated that compliance with the three sections must be included in the Commission's motion. She stated that the requested use is consistent with the Comprehensive Plan and the Code of Ordinances, will be determined by the Commission. She explained that requested use can be either permitted or denied by the language in this section; that decision is up to the Commission. Ms. Bosworth reviewed the Conditions of approval and explained each one in detail. She noted that there is one additional condition that is not in the staff report; the removal of the three signs above each of the units if they are not going to be used by the auction house. She stated that the condition regarding parking in the rear allows for the parking of three employee vehicles. That no pick up of merchandise will be allowed to address the concerns expressed by the surrounding residents. Ms. Bosworth stated that the Planning and Zoning Commission findings (Section 54-2- 6.2(d) should be discussed and addressed in the motion. She stated that under additional conditions there needs to be a formal plan for parking. She concluded by stating that staff will hold their recommendation until the Commission has made their determination. Ms. Kautenburg called for anyone from the public wishing to speak in favor of the application, seeing none she called for anyone wishing to speak in opposition to the application. Ms. Bosworth stated that a letter had been received from Mr. Richard May, 929 Fulton Way, Sebastian expressing his concern about the loud noise, litter and over flow parking the auction house will create. On advice of Ms. Hall, Ms. Kautenburg read the letter for the record. Ms. Hall stated that the Commissioners need to keep in mind that the letter is not a sworn statement. In response to Mr. May's letter Mr. Polly stated that the auctions will be held inside and not create any loud noises; the parking plan will be in place to ensure that all vehicles are accommodated properly; there will be no litter from his patrons. He stressed that it is his intent to make the auction house a positive addition to the City. Mr. Carter stated that from his experience attending auctions he believes that the parking concerns can be resolved. He suggested having the merchandise pick up at the front doors rather than the rear. PLANNING AND ZONING COMMISSION PAGE 11 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Mr. Roth stated that he understands the concern about traffic at the rear of the building in the alley with the noise it will generate. He stated that he does not believe the noise will be a factor. He stated that although this is not an allowed use he believes that a solution can be determined that will be a win for everyone. Ms. Bosworth asked if arranging pick up the next day would be a possibility to reduce the noise that would be associated with loading at 10:00 p.m. Mr. Polly responded that pick up the next day would be fine and if necessary he could arrange for delivery of the larger items. He assured the Commission that if required he would arrange for pick up to not be in the alley, thus eliminating any noise from his establishment. Mr. Reyes stated that he does not see noise being an issue. He stated that if Mr. Polly can secure written agreements from the other businesses to use of their parking spaces when they are closed he feels that would address the parking problem. Mr. Polly responded that he has signed shared parking agreements with three of the four other tenants as well as a list of their operating hours. He explained that he has spoken with Tim Borden, Treasure Coast Realty who is located next door and gotten the contact information for the building owners who are out of town at the present time. He stated that he also has the contact information for the owner of the 40 foot vacant lot and will be writing him a letter requesting a shared use agreement. If the owner is agreeable he would make improvements to the lot which would meet the City's codes for a parking lot. He stressed that it is his desire to do what is necessary to provide adequate parking for his customers. Mr. Reyes expressed concern that merchandise would be stack in front of the plate glass windows which would be unsightly. Mr. Polly responded that it is his desire to make the auction house attractive and welcoming so it will attract the mid to high end clientele. Ms. Kautenburg stated that she would be more in favor if the auction house could be located in an industrial zone, but understands that has been explored with no success. She asked if the shared parking agreements are with the tenants and expressed concern that if the current tenant moves there is no longer an agreement. Mr. Polly responded that he would attempt to enter into an agreement with the new tenant. The owner of the Tall Tree Plaza assured the Commissioners that he would not lease to anyone who would not sign a shared parking agreement with the auction house for the hours their business is not in operation. Mr. Roth asked for details on the hours of operation of the other businesses on the nights the auction house would be open. Mr. Polly responded that one business closes at 6:30 pm, one at 7:00 pm and Dominoes, which is at the far west end of the plaza, closes at 1:30 am. He stated that the preview starts at 4:00 pm which would result in about a 3 hour overlap; if that poses a problem he would be willing to schedule the preview for another day or time. PLANNING AND ZONING COMMISSION PAGE 12 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Mr. Carter asked what the hours of operation would be during the week and if there would be any sales during that time. Mr. Polly stated that he plans a work week of Tuesday through Saturday, during which time his wife would be working taking in consignments and handling paperwork; selling would only be done during the auction once a month. Mr. Carter commended Mr. Polly on his enthusiasm. Mr. Polly responded that he believes the auction house will be a positive addition to the community and provide something for people to do on a Saturday evening. Ms. Kautenburg reiterated her concern about the parking issue. Ms. Bosworth responded that the Code allows a shared parking agreement with another business for up to 50% of the required parking if it is within 500 feet of the business. She stated that if that option is used it will be necessary to get signed and recorded agreements with the property owners. She explained that if the vacant lot is used it will be necessary to have a site plan for the parking lot showing the type material, entry to the site, etc. which will be more involved than the shared parking agreement. Ms. Bosworth stated that what is before the Commission is the Special Exception and the other related issues can be addressed separately. She reviewed the Planning and Zoning Commission findings and noted that the motion needed to take into consideration if this application meets those criteria and the staff conditions. Ms. Kautenburg called for any further discussion. Ms. Hall advised that the findings should be reviewed individually and it determined that compliance is based on factual information. Mr. Roth read each item for discussion and the consensus was that the applicant complies with each. Ms. Bosworth stated that if the pick up on a different day or delivery is going to apply it needs to be added as a condition of approval. Concern was expressed about the use of the rear of the building for merchandise pick up. Mr. Polly stated that loading from the front entrance would be easier and he would not use the back entrance. He explained that in his experience the auction is not at full capacity for the entire time it is being conducted, as a result the maximum number of spaces would not be required. Ms. Bosworth expressed concern about loading in the parking lot while the auction is being conducted and people are coming in and out of the parking lot. She suggested that, if an overflow parking plan can be established, two spaces in front of the auction house be designated for loading only. Mr. Polly responded that could be done and he would have sufficient staff on auction night to direct parking and help with loading purchases. Mr. Carter, I will make a recommendation that we make a motion to send to the City Counsel the recommendation for the Special Exception Request for warehousing and auction house on CR 512 at 971 Sebastian Boulevard with the conditions as stated on page 4. PLANNING AND ZONING COMMISSION PAGE 13 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Mr. Roth asked if establishing times of pick up could be included in the motion. Ms. Bosworth suggested stating that merchandise pick-up is done at the front of the store in a designated space during auction hours. Ms. Kautenburg stated that the condition of a written agreement with the building owner for shared parking be included in the motion. Mr. Carter stated that he will include in his motion the requirement for a written shared parking agreement with the building owner which is recorded in the public records. MOTION: by Carter/Roth "I make a motion that we send to the City Council the recommendation for the Special Exception Request for warehousing and auction house on CR 512 at 971 Sebastian Boulevard with the conditions stated on page 4 and the additional conditions: large items are picked up or delivered on a different day; loading will be in front of building during auction hours; the back entrance can be used on non - auction days; the shared parking agreement must be executed with the building owner and recorded." Ms. Hall requested the motion be amended to include that the application meets the findings shown on page 5, Item 10 sub items 1 — 6. AMMENDED MOTION: by Carter/Roth "I amend my motion to include the 6 items under Planning and Zoning Rules under Section 54-2-6.2(d) on page 5. Ms. Kautenburg called for discussion, hearing none she called for a vote. ROLL CALL: Ms. Kautenburg — Yes Mr. McManus — No Mr. Hughan (a) — Yes Mr. Carter —Yes Mr. Roth — Yes Mr. Reyes — Yes Mr. Alvarez — No Total vote was 5-2. Motion Carried. Ms. Bosworth advised Mr. Polly that the application will go before the Council in September and she will advise him of the exact date. 7. Unfinished Business A. Discussion — Future development of vacant parcels located on the east side of Indian River Drive — Consideration of possible LDC amendments. (Backup materials from previous agenda) Following discussion it was agreed that this is a subject that is important and should be placed on the next agenda to allow time to address it at length. PLANNING AND ZONING COMMISSION PAGE 14 MINUTES OF REGULAR MEETING OF AUGUST 17, 2017 Ms. Bosworth stated that the next meeting will be on September 215f and there will be one site plan in addition to this item on the agenda. 8. Public Input — None 9. New Business — None 10. Staff Matters Ms. Bosworth asked the Commissioners' thoughts about how to address breweries. If they wanted language added to the Code or review them on a case by case basis. Following discussion the consensus was to review and update the code to include the definition of a brewery. 11. Commissioners Matters Mr. Hughan asked if the CR 512 road work is on schedule. Ms. Bosworth responded that completion is scheduled for November and that it is a resurfacing project and not redesign. She stated that she will get an update on completion and provide that information to the Commissioners. Mr. Reyes stated that the swales are very overgrown which prevents drainage. Ms. Bosworth stated that since the City Engineer is now a consultant position she would contact the Public Works Director to determine how that is handled. 13. Items for Next Agenda Ms. Kautenburg noted that the only item identified for the next agenda is the discussion item postponed from this evening's agenda. 14. Admiourn Chairwoman Kautenburg called for any further business, hearing none she adjourned the meeting at 8:28 pm. /sm