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HomeMy WebLinkAbout01191995 PZ/olwhN City of Sebastian /�N 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 19, 1995 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: 5. OLD BUSINESS: Public Hearing - Model Home Permit - Pace 2000, Inc. 1691 Barber Street Public Hearing - Model Home Permit Renewal - Pace 2000, Inc. 1685 Barber Street 6. NEW BUSINESS: Public Hearing - Home Occupational License - Jay R. Price 1241 George Street - 1) Sportf ishing Charters & 2) Lawn Care Service Fence Permit Review - Wood N' Nichols - 642 High Street (Commercial)(Barbed Wire) Site Plan Review - Sebastian Christian Church (Tentative) Site Plan Review - Dunkin' Donuts (Tentative) 7. CHAIRMAN MATTERS: Appointment of Chairman and Vice Chairman 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. BUILDING OFFICIAL MATTERS: 11. ADJOURNMENT. 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 AND EVIDENCE 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 19. 1995 ROLL CALL: PRESENT: ~t; \~ 0'170~ ~ ~:~ -f:>S' ..0<V '19 ~~ 'V. '?-~ C,O >% Q '2>'\:4~ -"\ f\"'- ~<Q~ ,"," ~c, c:; ~'iC' ~<v\) s~<Q ~ <( .8.<(~\j o~<v\)C? r ~<(~ ~ Chairman Thompson opened the meeting at 7:03 P.M. Mr. Munsart Mr. Shroyer Chmn. Thompson Mr. Goldstein Mr. Fischer Mr. Schulke EXCUSED: Mrs. Brantmeyer Mr. Barnes Mr. Falke ALSO PRESENT: Jan King, Zoning Technician Dorri Bosworth, Secretary AHHOUNCEMENTS: At this time, Ms. King asks to add an additional item to the agenda. It would be a fence permit review for barbed wire on a commercial property. The review can be done at the same time the present review on the agenda is done. The additional application is by the same contractor for the same owner. Mr. Fischer moved to add the request to the agenda. Mr. Munsart seconded the motion. Chmn. Thompson also requests to change an agenda item under Chairman Matters to make it an agenda item under New Business - Appointment of Chairman and Vice Chairman. On January 10, 1995, Chairman Thompson signed a fence permit for a 6 ft. chain link fence on a commercial property located at 642 High Street. The barbed wire request for this fence will be reviewed later. On January 19, 1995, Chairman Thompson signed a minor site plan modification for a revision to the parking plan for Stevenson House Bed & Breakfast located at 805 Indian River Drive. Mr. Schulke will be voting in place of Mr. Barnes at this meeting. . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE TWO APPROVAL OF MINUTES: None All applicants and representatives are sworn in for the quasi- judicial matters of this meeting according to procedure. OLD BUSINESS: PUBLIC HEARING - MODEL HOME PERMIT - PACE 2000, INC. - 1691 BARBER STREET The public hearing was opened at 7:08 P.M. Mr. Wayne Davis, representing the applicant, is present. There were 14 public hearing notices sent out. non-objection letters were received back. No objection or Staff had no objections to the permit. No public input. The public hearing was closed at 7:11 P.M. Mr. Fischer made a motion to approve application for Pace 2000, Inc., Lot Highlands unit #1, at 1691 Barber Street. motion. the model home permit 1, Block 401, Sebastian Mr. Munsart seconded the Roll call was taken. 6-0 permit was approved. PUBLIC HEARING - MODEL HOME PERMIT RENEWAL - PACE 2000, INC. - 1685 BARBER STREET The public hearing was opened at 7:12 P.M. Mr. Wayne Davis is again representing the applicant. There were 14 notices sent out. No objection letters or non- objection letters were received back. Staff had no objections to the permit. No public input. The public hearing was closed at 7:13 P.M. Mr. Munsart made a motion to grant the model home permit renewal to Pace 2000, Inc., Lot 2, Block 401, unit #11 at 1685 Barber Street. Mr. Shroyer seconded the motion. Roll call was taken. 6-0 renewal permit was approved. '. . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 NEW BUSINESS: PAGE THREE PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - JAY R. PRICE - 1241 GEORGE STREET Mr. Price applied for a home occupational license to have two businesses from his home: 1) sport fishing charters, and 2) a lawn care service. The applicant, Mr. Jay Price, is present and states he lives at 1241 George Street. The public hearing is opened at 7:16 P.M. There were 13 notices sent out with no objection or non-objection letters received back. Ms. King reviews that for J.P.'s Fishing Charters, the applicant will be using the phone only with no additional equipment. The boat is moored at the Sebastian Inlet Marina. For J. P. ' s Services, the applicant has indicated the lawn mower and other equipment will be stored on an utility trailer to be parked in the garage. Staff has no objections to either request for the home occupational licenses. Mr. Joe Malazzo of Lot 29, Block 299, states when he bought his property a few months ago, he assumed the whole area was residential. He would not like to see any commercial business adjacent to his lot. Chmn. Thompson explains to Mr. Malazzo that according to the LDC a resident is allowed to run a business from their home once approved but must follow the strict set of codes regarding what can be done at their residence. Most licenses are for phone use only. The public hearing is closed at 7:20 P.M. Mr. Goldstein asked the applicant if he owned a boat trailer? Mr. Price states no, the 28-foot Topaz stays in the water. It is too big to trailer. Mr. Goldstein made a motion to grant the home occupational license for a fishing charter business to J.P.'s Fishing Charters at 1241 George Street in Sebastian. Mr. Fischer seconded the motion. Roll call was taken. 6-0 license was approved. Chmn. Thompson asks Mr. Price if he has any employees for his. lawn service? The applicant states no. Mr. Munsart asks about the weight and length of Mr. Price's truck. Mr. Price states it is a standard Ford F150, 1/2 ton pickup. . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE FOUR Mr. Goldstein made a motion to grant the home occupational license for a lawn service to J. P. 's Services, 1241 George Street in Sebastian. Mr. Munsart seconded the motion. Roll call was taken. 6-0 license approved. FENCE PERMIT REVIEW FENCE PERMIT REVIEW WOOD N' NICHOLS WOOD N' NICHOLS 642 HIGH STREET 645 OLD DIXIE HIGHWAY Chmn. Thompson previously approved the fence permit for 642 High Street. The Land Development Code requires Planning and Zoning approval for the barbed wire request for both properties. Mr. Richard Nichols, 686 Benedictine Terrace, contractor/owner of Wood N' Nichols is present, representing the applicant. Chmn. Thompson reads Section 20A-5.9.F.2., the requirements of barbed wire added on to a fence. The minimum fence height can be 6 feet, maximum height is 8 feet. The barbed wire cannot be more than three strands provided the lower strand is not placed lower than 6 feet, 6 inches from the ground, nor angled outward. Mr. Nichols notes barbed wire facing inward is not in keeping with the general practice of the area, and existing barbed wired fences. Mr. Fischer states he also noticed the difference between the Code and the general practice, and feels the Code should be changed to reflect this. Almost all fences in the commercial area face out. He questions if the Board can grant a waiver for this application. Ms. King states a waiver cannot be granted, but that the Code could be changed. Mr. Shroyer notes that if a fence is placed right on the property line, the barbed wire angled outward would be encroaching any abutting property. Only if the fence is set back at least 6 inches from the property line could the barbed wire be angled outward. Mr. Goldstein questions if the posts for the fence at 642 High Street have already been set? Mr. Nichols states yes, the fence is already up, for which Mr. Thompson approved the permit. The applicant was faced with the time factor getting the barbed wire review on the agenda, and wished the fence to be put up as soon as possible. Mr. Fischer states that Mr. Nichols has the option of putting on the barbed wire angling inward in accordance with the code, or not putting on the wire until a possible change in the Code occurs. . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE FIVE Mr. Goldstein notes that the illustration included with the application of the fence being erected shows the extension arm for the attachment of the wire to be 1 foot long. If three strands of wire equally distanced from each other are attached to this arm, the first strand could not be 6 inches from the fence as required by the Code. Mr. Nichols states that there isn't any manufactured fencing that has the first strand of barbed wire six inches above the fence. The distance on the extension arm is preset for the first strand. Mr. Goldstein asks Mr. Nichols if he has ever set the barbed wire vertical off the fence? Mr. Nichols states he has never done it, but knows it is available from the manufacturers. Mr. Goldstein suggests using vertical barbed wire in this case, to remain in compliance with the Code. Mr. Fischer also suggests angling the barbed wire inward until (if) the code is changed, and then re-setting them outward when the code allows it. The first strand does still have to be 6 feet, 6 inches off the ground. . Mr. Nichols states he understands the Code has to be followed, but feels 100% of the City's, even State's barbed wire fences cannot be erected with that requirement because of the way the arm is manufactured. The code is requesting something that is beyond normal practices. Mr. Shroyer feels the 6 foot, 6 inches from the ground requirement could be waived but feels the wire angling inward must be enforced. Mr. Fischer suggests putting on only the top two strands of barbed wire and holding off the bottom strand until the Code is reviewed. Mr. Carmine Libertino, the applicant requesting the fence be put on his property, states that the four adjacent properties to his all have barbed wire fences facing outward. While driving around the City today, Mr. Libertino states he counted 25 fences with wire all facing outward. Ms. King states the fences were probably put up before the existing code was initiated. Mr. Shroyer states this is the first barbed wire review he remembers the Commission doing in six years. . Ms. King has a question on the fence permit application for 645 Old Dixie Highway. The vacant lot being fenced off is next to a warehouse on the adjacent property. Staff would like to know if the purpose of the fence is to create a storage area next to the warehouse, or is it being put up for security reasons? Mr. Libertino assures staff that it is for security reasons only. . . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE SIX Mr. Goldstein states he feels the Board should take a vote on the barbed wire and allow the applicant to make the decision of whether he will put up the wire or wait for any changes to the code. Mr. Shroyer made a motion to approve the barbed wire for 642 High Street under the current Land Development Code requiring that the barbed wire be angled inward since it is setting on the property line, and allow all three strands to be put up immediately. Mr. Munsart seconded the motion. Roll call was taken. Mr. Fischer Mr. Schulke Mr. Munsart Mr. Shroyer Chmn. Thompson Mr. Goldstein No Yes Yes Yes No No 3-3, motion was a no-vote. Mr. Goldstein made a motion to approve the installation of barbed wire at 642 High Street subject to the applicant not installing the arms pointing outward, (may be vertical or inward), and that only the top two strands of barbed wire be attached to the arms. Mr. Fischer seconded the motion. Mr. Nichols asks if that motion allows them to retroactively put the bottom strand on if/when the code is changed? Chmn. Thompson states yes. Roll call was taken. 6-0 motion was approved. Mr. Munsart made a motion to approve the installation of a barbed wire fence at 645 Old Dixie Highway with the barbed wire either facing up or inward, with only the top two strands installed. Mr. Fischer seconded the motion. Roll call was taken. 6-0 motion was approved. Mr. Fischer requests that a review of the barbed wire code, Section 20A-5.9.F.2, be put on the agenda for the next meeting. An intermission was taken at 7:55 P.M. The meeting resumed at 8:08 P.M. and all members were present. SITE PLAN REVIEW - SEBASTIAN CHRISTIAN CHURCH Mr. Randy Mosby of Mosby representing the applicant. judicial procedures. & Associates, Inc. is present, He is sworn in according to quasi- . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE SEVEN Mr. Mosby reviews that a previous site plan for Sebastian Christian Church was approved by Planning and zoning a few years back. There are only two changes in the present site plan which are 1) the Church decided to re-plat the vacant land to the East of the location, now currently zoned PS-Institutional and RS-10, and sell the new residential lots, which meant shifting the parking to the West of the site, and 2) rules of the St. John's Water Management District have changed, not requiring littoral zones anymore, so that the previous littoral zones around the existing lake have been removed on the presented site plan. Mr. Mosby addresses the TRC report from staff. Regarding the conditions recommended by the TRC: Item #1, the applicant has no problem with revising the drawings to indicate the lighting. Item #2, the application is currently under review by HRS. Item #3, the sealed surveys were received by staff earlier in the day. Item #4, maximum height requirement is not a problem. Item #5, floor plans and elevation plans are somewhat a problem because the budget for the Church is much less than what it was when the previous site plans, floor plans, and elevations were approved. The Church can' t afford to build their original submitted building. They are currently preparing a smaller plan that also has to be reviewed and approved by the Church's Governing Board (like a Diocese). The Planning and zoning Commission may want to condition the site plan approval on receiving floor plans and elevations when the Church has a final budget and finalized their size and design. Mr. Mosby also states comments from the utilities Director, Mr. Richard Votapka have been addressed, and when the drawings are revised for the lighting, Mr. Votapka comments will be taken care of. Mr. Schulke questions the proposed lots and their current status. Mr. Mosby states the Church has already applied for re-zoning and Preliminary Plat review. The site plan is contingent on the re- zoning. The church will be on both PS and RS-10 zoned property. Three lots will be rezoned to RS-10. Ms. King states that when these lots are re-zoned to RS-10, a landscape buffer of 5 feet in height would be required between the properties. Chmn. Thompson notes that the plans did not change the renamed portion of Barber Street to Pelican Island Place. He also questions that since there is a force main located nearby on Schumann Drive, why do the plans show the Church is going to put in its own septic system? Mr. Mosby states that to connect to the force the installation of a pumping station. economically feasible for the Church. There main it would require This would not be is not a direct sewer . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE EIGHT connection in the area. HRS approved this two years ago and it is being re-reviewed again now. Mr. Munsart questions if a unity of Title is needed for the tract that has to be subdivided? Ms. King states that since the building is going to located on both tracts, the building itself unifies the properties. Chmn. Thompson states that since this church is a conditional use in a residential area, there should be a Public Hearing. Staff notes this was overlooked and the public notices will be sent out to the surrounding property owners. The approval for the site plan can be conditional on the Public Hearing. Mr. Fischer made a motion to approve the tentative site plan for Sebastian Christian Church to be located on Tracts E & F of Sebastian Highlands unit 17, subject to 1) the lighting in the parking areas, 2) the HRS letter outlining their specific requirements, 3) the structure is not to exceed the maximum height restriction, 4) the Planning and Zoning Commission must approve the building floor plan and elevations, 5) contingent on the plat approval, and 6) contingent on the Public Hearing for a conditional use for a church in that zoning district. The plans approved are Drawing #94-341 of Mosby & Associates, with Sheet 1 having the latest revision date of 12/21/94, and Sheet 2 having a revision date of 1/4/95. Mr. Munsart seconded the motion. Mr. Goldstein made an amendment to the motion by replacing the words "approve the tentative site plan" with the words "tentatively approve the site plan", and add to the motion that no rights are vested by Planning and zoning's approval, and that the site plan is approved subject to a 5 foot hedge be placed along the east side of the parking lot. Mr. Fischer seconded the amendment. Roll call is taken on the amendment. 6-0 motion carried; amendment is added to the main motion. Chmn. Thompson made another amendment to the motion. the information in the TRC report is applicable. seconded the motion. He adds that Mr. Fischer Roll call is taken on amendment #2. 6-0 motion carried; amendment is also added to the main motion. Roll call is taken on the main motion. 6-0 motion carried; the site plan is tentatively approved subject to conditions. SITE PLAN REVIEW - DUNKIN' DONUTS Mr. Randy Mosby is present, representing the applicant. - . . '. PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19. 1995 PAGE NINE Mr. Mosby states this is a change of use site plan for an existing building. Items such as landscaping and curb cuts will be improved and brought up to code. HRS has been in touch and their comments have been addressed. The DEP permit is currently being renewed for public drinking water supply. Since impervious area is being decreased, a st John's permit is not required. An exit driveway onto Cleveland Street is being added. Chmn. Thompson states the existing sign will have to be removed, and the new sign meet current codes. He also notes the existing parking spaces are 9 ft. in width and that the code states they should be 10 ft. Mr. Mosby states because they are existing, he is requesting that the requirement be waived. Chmn. Thompson feels they should be 10 ft. and the waiver be denied. Mr, Munsart notes there is no provision for a dumpster. Mr. Mosby states the area is going to be rebuilt for the dumpster with screening. Mr. Munsart feels the existing light pole in the rear, completely surrounded by trees, is not going to generate enough light for a 24 hour operation. He would like to see additional lighting on the rear of the building and the side for public safety purposes. Mr. Mosby does state that the rear is abutting residential properties and that should be taken into consideration. Mr. Munsart asks where trucks are going to be unloading? Mr. Mosby . states they will be coming off U.S. #1, pulling toward Cleveland Street, and parking next to the building. This would probably be done during non-peak hours. The code does not require a loading zone for the square footage of this building. Mr. Goldstein points out one more waiver that is needed. The southwest group of parking stalls are not deep enough. Mr. Mosby states the spaces are allowed a 2 ft. overhang into the landscape area if the landscape area has the depth. Mr. Schulke feels the waiver for the parking stall width should be granted. Cars have gotten smaller, and the 9 ft. width should be OK. Mr. Fischer made a motion to approve the site plan for Dunkin' Donuts on Lots 8, 9, 10, & 11 of the re-subdivision of Block 1 Edgewater Park, on Mosby & Associates Drawings #94-505, sheets 1 & 2, with the latest revision date of 1/3/95, with a granting of the waiver for the 9 foot wide parking stalls, and the 18 feet in depth, and condition to 1) sufficient lighting of the parking lot, and 2) screening for the dumpster area. Mr. Goldstein seconded the motion. . " . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JANUARY 19, 1995 PAGE TEN Chmn. Thompson made an amendment to also include in the description of the drawings approved, #K1, which is the interior building layout dated 1/25/95. Mr. Fischer seconded the motion. Roll call was taken on the amendment. amendment is added to the main motion. 6-0 motion carried, the Roll call was taken on the main motion. 6-0 motion carried, the site plan for Dunkin' Donuts was approved. Appointment of Chairman and vice Chairman Chairman: Mr. Shroyer nominated Mr. Carl Fischer for Chairman. Mr. Fischer nominated Mr. Tommy Thompson for Chairman. Mr. Fischer voted for Mr. Thompson Mr. Schulke voted for Mr. Fischer Mr. Munsart voted for Mr. Thompson Mr. Shroyer voted for Mr. Fischer Mr. Thompson voted for Mr. Thompson Mr. Goldstein voted for Mr. Thompson Mr. Thompson was re-appointed as Chairman 4-2. voice vote was taken: vice Chairman: Mr. Munsart nominated Mr. Carl Fischer Mr. Shroyer nominated Mr. Howard Goldstein voice vote was taken: Mr. Shroyer voted for Mr. Goldstein Mr. Thompson voted for Mr. Fischer Mr. Goldstein voted for Mr. Goldstein Mr. Fischer voted for Mr. Goldstein Mr. Schulke voted for Mr. Goldstein Mr. Munsart voted for Mr. Goldstein Mr. Goldstein was appointed as vice Chairman 5-1. CHAIRMAN MATTERS: Moved to New Business MEMBERS MATTERS: None ATTORNEY MATTERS: None BUILDING OFFICIAL MATTERS: None ADJOURNMENT: The meeting was adjourned at 9:05 P.M.