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Home My WebLink About01041996 PZ City of Sebastian 1225 MAIN STREET ct SERASTiAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 4, 199 7:00 P.M. 2. 3. 4. 8. 9. C~T.?. TO ORDER. ROLL CALL. ANNOUNCEMENTS · APPROVAL OF MINUTES: Regular meetings of December 7, 1995 and December 21, 1995 OLD BUSINESS: NEW BUSINESS: Public Hearing - Model Home Permit Renewal - Perugini Construction, Inc. - 1835 Barber Street Public Hearing - Model Home Permit Renewal - Versa Development, Inc. - 1367 Barber Street Accessor~ Structure Review - Section 20A-5.7.D.7 1. 545 Drawdy Way - Mr. Don Parker 2. 914 Clearmont Street - Mr. Gary Frost 3. 925 Majestic Avenue - Mr. Jay Burr Discussion - Proposed Conditional Use for Chesser's Gap PUD-C Residential Development - Section 20A-4.6.H.1 Discussion - Prohibiting new structures on east side of Indian River Drive Discussion - Review of Section 20A-5.7 Accessory Structures - Number of structures allowed per homeowner CHAIRMAN MATTERS: MEMBERS MATTERS: ATTORNEY MATTERS: STAFF MATTERS: ADJOURNMENT o ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ANDEVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING JANUARY 4, 1996 Chairman Thompson called the meeting to order at 7:02 p.m. PRESENT: Mr. Munsart (arrived at 7:04 p.m.) Ms. Kilkelly Chmn. Thompson Ms. Brantmeyer Mr. Johns Mr. Fischer EXCUSED: Mr. Pliska Mr. Barnes Mr. Schulke ALSO PRESENT: Jan King, Zoning Technician Mr. Tim Williams, Asst. City Attorney Dorri Bosworth, Secretary Ms. Kilkelly will be voting in place of Mr. Schulke who was absent and excused from the meeting. On .D~cember 13, 1995, Chmn. Thompson signed for a minor modification to the site plan for Channel 68 Marina located at 806 Indian River Drive which eliminated a proposed loading zone from the building site. On Dece.~.er 29, 1995, Chmn. Thompson signed for a minor mod%ficatlon to the site plan for Sembler's Marina located at 1660 Indian River Drive for the replacement of a shed. _ _ The applicant of a home occupational license approved at the 12/21/95 meeting for 342-A S. Wimbrow Drive indicated to staff telephone that t~ey will not be storing their equipment i~ Fellsmere as previously stated, but on their adhere to the code regulations for storage of thg~rS~fti~/~ trailer. ~O~,~TM- ~ Mr. Fischer.made a motion to approve the m~~^~9 ~>95 regular meeting as written. Mr. Johns seconded th%'m~Q~Y~ A voice vote was taken. The minutes were approved unanimo~6~-0. pLANNING AND ZONING COMMISSION REGULAR MEETING~ OF JANUARY 4. 1996 ~LD BUSINESS= None NEW BUSZNESS: PUBLIC HEARiNG - MODEL HOME PERMITRENEWAL- PERUGINI CONSTRUCTION, INC. - 1835 BARBER STREET The applicant, Mr. Gregory Perugini, 5800 37th Street, Veto Beach, was present, and was sworn in according to quasi-judicial procedures. The public hearing was opened at 7:06 p.m. There were 14 notices of the hearing sent out. There were no objection letters received back. Staff stated the application was for a renewal of their model home permit, no conditions had changed, and staff had no objections to the renewal. There was no public input. The public hearing was closed at 7:07 Mr. Johns made a motion to approve the model home renewal application for Perugini Construction, Inc., Lot 9, Block 445, Unit 17, located at 1835 Barber Street. Mr. Munsart seconded the motion. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - MODEL HOME PERMIT RENEWAL - VERSA D~PMENT, INC. - 1367 BARBER STREET A representative for the applicant, Ms. Terry Calhoun, 855 Gladiola Avenue, Sebastian, was present, and was sworn in according to quasi-judicial procedures. The public hearing was opened at 7:12 p.m. There were 8 notices of the hearing sent out. There were no objection letters received back. Staff stated the application was for a renewal of their model home permit, there were no changes to the site, and staff had no objections to the renewal. There was no public input. The public hearing was closed at 7:14 p.m. Mr. Munsart inquired if there had been any further code violations resulting from conducting business at the model. Staff stated there were no open code enforcement cases at the present time. PLANNIN~ AND ZONING COMMISSION REGULAR MEETING OF JANUARY 4. 1996 Mr. Fischer made a motion to approve the model home renewal application for Versa Development, Inc. for Lot 22, Block 301, Unit 10, located at 1367 Barber Street. Mr. Johns seconded the motion. Roll call was taken. 6-0 motion carried. ACCESSORY STRUCTURE REVIEW - SECTION 20A-5.7.D.7 Ail applicants were present and sworn in according to quasi- judicial procedures. 1. 545 Drawdy Way -Mr. Don Parker Mr. Don Parker stated he was the property owner. Mr. Munsart, Ms. Brantmeyer, and Chmn. Thompson disclosed they viewed the site. Staff reviewed that Mr. Parker proposed to eliminate a 15.6' X 11.9' metal utility building by the pool area and replace it with a 14' X 23.7' 5-foot utility building which, would be located next to the existing carport but not attached. Mr. Parker noted that the building being eliminated was sort of an eyesore, and the new building would be an improvement. Mr. Johns asked what the construction of the garage was made of? Mr. Parker stated 2" X 4" frame with vinyl siding, same as the house, carport, and proposed shed. Ail will be the same color. Ms. Kilkelly questioned if the ridge line of the roof of the house would be higher than the proposed building? Mr. Parker stated yes, the ridge line of the house was 12.9'. Mr. Munsartmade a motion to grant permission to allow the proposed accessory structure at 545 Drawdy Way, Lot 108, Block 59, Unit 2, to Mr. Don Parker. Mr. Fischer seconded the motion. Roll call was taken. 6-0 motion carried. 2. 914 Clearmont Street - Mr. ~.az~ Frost Chmn. Thompson and Ms. Brantmeyer disclosed they viewed the site. Staff reviewed that Mr. Frost proposed to build a detached garage 20' X 24' Mr. Frost stated it would be done in CBS construction, slab, block, and poured tie-beam, with a trussed roof. Chmn. Thompson questioned what the primaryresidence was made of? Mr. Frost stated it was wood frame with T-111 siding. Mr. Munsart requested information on the driveway for the garage, which was not shown on any plans. Mr. Frost stated there would be pLANNING AND ZONING COMMISSION REGULAR MEETING JANUARY 4._1996 an S-foot wide door facing the rear alley. The 8-foot door was for Mr. Frost's van. Mr. Munsart questioned if the color of the garage would be the same as the house? Mr. Frost stated no, the garage would be stuccoed and painted white. The roof would be the same color. Chmn. Thompson verified with staff that the ridge lineof the house was 14.9' and the garage's was 12.2'. Staff stated yes. Ms. Kilkelly had concerns with the driveway going through the easement in the back along the utility alley. She asked what surface was going to be used. Mr. Frost stated most likely gravel, but it was not going to be used as a driveway, just as a means to get his van in the garage, which was not used often. Staff stated the Public Works/Engineering Department issued drivewaypermits and they would be familiar with the easements regarding that alleyway. Mr. Williams stated it was not unusual to have a driveway running across a public utility easement. Ms. Kilkelly made a motion to approve the application for an accessory structure at 914 Clearmont Street with the condition that the Engineering Department reviews the plans as well as the Building Department. Mr. Fischer seconded the motion. Roll call was taken. 6-0 motion carried. 3. 925 Majestic Avenue - Mr. Jay Bur~ Chmn. Thompson and Ms. Brantmeyer disclosed they viewed the site. Staff reviewed thatMr. Burt proposed to build a detached garage 24' x 24' on an existing slab. Mr. Burt explained he had the driveway and slab done when the house was built but, the contractor's fee for the garage was too high and he opted to have the garage built at a later date. Since the slab was poured the code for accessory structures had changed and now required Planning and Zoning review. The door height proposed is 9 feet. Chmn. Thompson noted the house ridge line was 17.10'. Mr. Burr stated the garage was also 17.10'. The garage was going to be sided with T-111 siding and the house was CBS. Ms. Kilkelly asked what color the garage was going to be? Mr. Butt stated blue and white with a decorator strip, same as the house. Mr. Fischer made a motion to approve the accessory buildingfor Mr. Jay Burr on Lots 21 & 22, Block 317, Unit 13 at 925 Majestic Avenue, also approving the 9-foot door height. Mr. Johns seconded the motion. Roll call was taken. 6-0 motion carried. PLANNING AND ZONING COMMiSSi~ ~EGUT.AR MEETING OF JANUARY 4, 1996 DISCUSSION - PROPOSED CONDITIONAL USE FOR CHESSER'S GAP PUD--C - RESIDENTIAL DKVELOPMENT - SECTION 20A-¢.6.H. 1 Mr. Carl Fischer notified the Commission he had a conflict of interest since he was the owner of the property and would be filing the proper form. Mr. Randy Mosby, Mosby & Associates, Inc. was representing the property owners. He stated Chesser's Gap was one of the first commercial PUD's to be developed in Sebastian with ma~y platted uses from commercial, professional offices to light industrial. There was a residential district to the south of the development, an undeveloped residential district to the east, and C-512 commercial zoning to the north. Because of the way Sebastian was changing, the owner would like to develop an additional use in the already recorded PUD plat and wanted to get the Commission's initial comments before any engineering studies and plans were started. without knowing exactly what uses would be needed, and who would want to buy the property, Chesser's Gap was developed with certain type uses, and with the maximum amount of square footage for each use. The demand for housing, because of the growth 'of Sebastian, has the developer considering re-platting aportion of the site to residential. Section 20A-4.6 of the LDC states residential development is allowed up to 25% of the PUD-C and would be a conditional use. Mr. Mosby stated the developer was proposing to provide some residential transitional areas next to where there would be light industrial areas, such as small condominium-type multi-family units. The PUD would then have commercial areas phasing into professional offices, phasing into condominiums, phasing into the single-family residential properties. The number of units have not been established yet, but the zoning allows for 8 units per acre. 12.5 acres are being considered for development, which could provide 100 multi-family units. Mr. Munsart inquired about the status of the proposed mini- storage/warehouses approved by the Commission at an earlier date? Mr. Mosby stated a complete plan for the warehouses had not been developed yet, but would be away from any residential areas, behind the Food Lion Store. If the proposed residential area is given the go ahead, the developer will develop a plan showing both the warehouses and the multi-family units. Mr. Munsart was concerned that underlying industrial area was going to be reduced for more residential area. Mr. Mosby stated the trade-off of zoning had to be worked out with staff. He noted the City was not doing well in attracting new industrial businesses. PL~/~NIN.G AND ZONING COMMISSION REGU~.A~R...MEETING OF JANUARY 4. 1996 PAGE SIX Mr. Munsart also did not like to see the loss of the industrial tax base with the trade. Ms. Kilkelly wanted to review the Comprehensive Plan for growth management. She also hated to see the loss of industrial zoning. Mr. Johns commented there were little taxes generated on vacant land. Ms. Brantmeyer stated she liked the idea, and questioned how high the condos would be? Mr. Mosby stated there were very specific codes for this zoning and that area would be handled by an architect. Mr. Thompson stated his general feeling was that owners of property should be able to do what they would like with their property, as long as it followed code. He had no objections to the proposal. DIS~SSION - P~OHIBITING NEW STRUCTURES ON EAST SIDE OF INDIAN RIVER DRXV~ Mr. Williams reviewed the circumstances to why this was being discussed, most recently anapproved site plan addition to the Mel Fisher's Museum, including a parking lot onthe east side of Indian River Drive. Chmn. Thompson stated he thought the code did not need to be changed and reiterated his opinion that property owners should not be told what they can't do with their property. Mr. Williams stated that if a property owner only owned land on the east side of Indian River Drive, it would not be allowed to change the code, making their property unbuildable. Mr. Munsart disagreed with Mr. Thompson, stating the beauty of the river view was worth preserving, even if it meant the City buying any unbuildable property. Ms. Brantmeyer agreed. Mr. johns questioned if there could be any legal problems in changing the code? Mr. Williams stated that property owners have vested rights and are entitled to compensation when future government ,'inordinate" regulations keep them from making the money they reasonably expected to make from their property. What constitutes ,inordinate" is for the courts to decide. Mr. Munsart asked staff how many buildable lots were on the east side of Indian River Drive? Staff stated that information could be found possibly on the water assessment map for the riverfront. P~%NNING AND ZONING COMMISSION ~GU~AR MEETING OF jANUARY 4. 1996 Mr. Thompson questioned making any code changes before a Master Plan for the Riverfront was approved. Mr. Munsart eluded to what could happen in the meanwhile. Ms. Kilkelly stated she would to see restrictions adopted now. Mr. Thompson made a recommendation to have staff come up with a proposed ordinance for the riverfront development incorporating suggestions of Mr. Williams from his memo dated 9/1/95 with the exception of #3. DXSC~SSXON - REVXEW OF SECTION 20A-5.7 ACCRSSOR! STRUCTURES - N1]MBER OF STRUCT~JRES ALLOWED PER HOMKOWffER The Board discussed setting up a table allowing the number of accessory structures per property based on the square footage of the lot. Mr. Fischer stated he felt no changes were needed to the code. Recent code changes required any unusual permit applications to be reviewed by Planning and Zoning. Mr. Johns and Ms. Brantmeyer agreed. It was the consensus of the Commission to not propose any restrictions or changes to the ordinance at this time. MATTERS: None MEMBERS MATTERS: Ms. Kilkelly made an announcement regarding the Arbor Day Celebration to be held at the Barber Street Sports COmplex on January 19, 1996. ATTORNEY M~TTE~S: None STAF. F MaTTBRS :** None A0.JOU~WM~: Chmn. Thompson adjourned the meeting at 9:20 p.m. FORM 8, B MEM 2RANDUM OF-VOTIN a CONFLICT FOR COUNTY, MUNIClPl , AND OTHER LOCAqI!PUBLIC OFFICERS LAST NAME--FIRST NAME~MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE LING ADDRESS CITY COUNTY THE BOARD. COMMISSION. OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: !'~ COUNTY ~ ! OTHER LOCAL A(]ENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE CK.'CURRED MY POSITION IS: ELECTIVE HNTIVE WHO MUST FILE FORM 8B This form is for use. by any person serving at the county, city, or other local level 9f government on an appointed or elected board, council, commission~ authority, or committee. It applies equally tb members o'f advisory and 'n6n'advi~ory bodies who are presente& with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it i'd making the disclosure required by law. Your responsibilities under the law when f~.~ed'wlth a measure in'~whicli~yOu ha~,e a conflict of interest will vary~greatly..dePending on whether you.hold an elective or app0i.nti.ve position. For this reason, please pay close attention to the instructions on this form before completing ihe reve~se Side and filing'th~ form..' ii~; INSTRUCTIONS FOR OOMPLIANOE WITH SECTION 112.3143, FLORIDA STATUTES ~ECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office ot'herwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict .before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his, direction.' " IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION pRIOR TO TIIE MEETING AT WHICH THE VOTE WILL BE TAKEN: ,u should complete and file this form (before making any attempt to influence the decision) with the person responsible for g the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ('1 I,¢IRM nil IO.1~6 PAGE ' ' ..... ~ ' · · ' -~ -.iei~tin ' ~''' ' ~ ' You should disclose orally the nature of your confltct m me measure oe~ore paruc~pat g. . You should complete the form and. file it within 15 clays after the voteOccurs with the person responsible for recording the minut~S~ of the-meeting, Who should incbrPorate the' form'in th~ minutes. ' 'DISOLOSURE OF~SYATE OFFIOER'S INTEREST I, C ~--~- e~.o,,vvx,,e,.s,~'~'$e.~,~.~, hereby disclose that on .,~..~eo~.m~.L,, (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ,~ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained· Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1955), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN(~ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE CE FORM 8B - 10-86