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HomeMy WebLinkAbout02021995 PZ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 2, 1995 7:00 P.M. 2. 3. 4. e 8. 9. 10. 11. CALL TO ORDER. ROLL CALL. ANNOUNCEMENTS, APPROVAL OF MINUTES: Regular Meeting of December 15, 1994 OLD BUSINESS~ NE# BUSINESS: Public Hearing - Home Occupational License - Highland Domestique Service - 480 Midvale Terrace Public Hearing - Home Occupational License - Mobile Pool Supply & Service - 1558 Ridgely Lane Site Plan Review - Indian River Tree Recycling & Mulch Facility Discussion - Amendment to Section 20A-5.9(F)(2) -Barbed Wire Fences in the CG District ~J~AIRMAN MATTERS: MEMBERS MATTERS: ATTORNEY MATTERS: BUILDING OFFICIAL MATTERS: Discussion - Possible amendment to C.O.R. District conditionE1 use criteria 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 ANDEVIDENCE UPON WHICH APPEALIS 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. ClTY,,OF SEBASTIAN PLANNING AND ZONING COMMISSION GULAR MEETING FEBRUARY ,2, 1995 Chairman Thompson opened the meeting at 7:04 P.M. PRESENT: Mr. Munsart Mr. Shroyer Chmn. Thompson Mr. Goldstein Mrs. Brantmeyer Mr. Falke Mr. Fischer Mr. Schulke EXCUSED: Mr. Barnes ALSO PRESENT: Mr. Tim Williams, Asst. City Attorney Mr. Bruce Cooper, Director of Community Development /Building Official Dorri Bosworth, Secretary APPROVAL OF MZNUTES: None ANN0~NCEMEN~S: Chmn. Thompson made a motion that the approval of minutes for the meeting of December 15, 1994, be deleted from the agenda. Mr. Goldstein seconded the motion. A voice vote was taken and the motion passed. On January 25, 1995, Chmn. Thompson signed a minor modification for Skydive Sebastian located at 400 w. Airport Drive to add a wooden deck and additional lighting to their facility. Mrs. Brantmeyer will be voting in place of Mr. Barnes, who is not present at the meeting. QLD BUSXNESS: None NEW BUSINESS ~ Ail the applicants for the public hearings and site plan reviews were sworn in according to the quasi-judicials~TiANced_u.r~eS.zoNiNG& PLANNING COMMISSION APPROVED '7-0 DATE ~, ~.~'~ pT.~NNING AND ~ONING COMMISSION REGULAR M~TING OF FEBRUARY 2, '1995 PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - HIGHLAND DOMESTZQUE SERVICE - 480 MIDVALE TERRACE The applicant, Mary Seenath, of 480 Midvale Terrace is present. The public hearing was opened at 7:11 p.m. There were 14 notices sent out without any objection letters received back. Chmn. Thompson reads' staff's comments and reviews. He asks the applicant if she intends to keep her cleaning supplies in the trunk of her car as indicated on her application. Ms. Seenath states yes. The public hearing was closed at 7:13 p.m. Mr. Falke made a motion to approve the home occupational license for Mary Seenath doing business as Highland Domestique Service at 480 Midvale Terrace in Sebastian. Mr. Munsartseconded the motion. Roll call was taken. 7-0 motion carried. pUBLIC HEARING - HOME OCCUPATIONALLICENSE - MOBILE POOL SUPPLY AND SERVICE - 1558 RXDGELY LANE Mr. Kenneth A. Horn, the applicant is present, and states he lives at 1558 Ridgely Lane, Sebastian. The public hearing was opened at 7:14 p.m. There were 28 notices sent out. Staff received back 9 objection letters and 0 non-objection letters. Mr. Cooper states because of the number of objection letters received, he had the Code Enforcement officer do an inspection of the applicant's property. The officer did notice a utility trailer in the front. He found no pool supplies in the garage, as some of the objection letters suggested. Mr. Horn states he owned Poolside Products, a business located on CR 512. For cost reasons, he decided to close the store and would like to operate a mobile pool supply and servicing business from his home. He states he is renting a warehouse on CR 512 where he will be storing the pool supplies and another warehouse on 99th Ave. where he will be storing the trailer that the Code Enforcement officer saw. Only the phone will be used at his residence. His voice mail activates his beeper. P~,I,NG AND ZONING COMMISSION REGULAR MEETiNG OF F~BRUARY 2, 1995 Mr. Cooper asks the applicant if he is currently doing business? Mr. Horn states yes, he is delivering pool supplies, and has applied for his contractor competency card for the servicing part of the business. He is aware that he can not do any servicing until he is tested, and thought his occupational license for Poolside Products would allow him to deliver products. Staff has no Objections to this application as long as Mr. Horn understands that the home occupational license is for pool supplies only and no servicing must be done until he completes the necessary steps to become licensed through the City. Mr. Cooper asks where the pool supplies are delivered when Mr. Horn orders to re-supply his inventory? Mr. Horn states most are delivered to SJR Pools on CR 512. There are no deliveries to his residence. Mr. Goldstein asks what does pool servicing involve? Mr. Horn states repairing, cleaning, and balancing the water chemicals. Mr. Cooper would like to know, when Mr. Horn is licensed, how will he be carrying his chemicals? in large 55 gallon drums? Mr. Horn states no, the muriatic acid is bought in gallon jugs, and whatever is not used is kept by the homeowner. Mr. Goldstein reviews a couple of the objection letters, particularly their complaints about Mr. Horn's front yard being a mess. Mr. Horn explains the situation that occurred involving the mess. Mr. Goldstein advises Mr. Horn now that his neighbors are on notice of his home occupational, he should try to stay in compliance at all times. The public hearing was closed at 7:26 p.m. Mr. Goldstein made a motion to approve the home occupational license for Kenneth A. Horn, 1558 Ridgely Lane, for a pool supply business and a pool service business, the later conditional upon the applicant obtaining the required contractor's license. Mr. Fischer seconded the motion. Roll call was taken. 7-0 motion carried. SITE PLAN REVIEW - INDIAN RIVER TREE RECY~LiNQ & ~ FACiLiT~ Mr. Randy L. Mosby is present, and will be representing the applicant. Mr. Fischer states he has filed Form 8B, voting conflict, with the secretary, as he is related to the applicant. PLANNING AND ZONING COMMISSION REGULAR MEETING OF,,FEB,RUAR¥ 2,,, 1995,, PAGE FOUR Mr. Cooper explains that this item was put on the agenda by City Council. This site plan review was one of the requirements of R- 95-03 which granted the special use permit for the mulch facility. Item 9, Section 3, of the Resolution states that the applicant must submit a detailed site plan in accordance with Article X' of the Land Development Code. Mr. Cooper suggests the engineer review each item of the Resolution and verify its applicability with the site plan. Mr. Mosby reviews the progress of this application, then addresses each item in the Resolution. Item i required a hard surface driveway and parking facility. Mr. Mosby states that the property of the mulch facility is continuous with the operating sandmine and that there is a hard surface storage area for the truck traffic which has been utilized for years. It houses the offices of Fischer & Sons, and employee parking. Mr. Mosby proposes it could also be used for the mulch facility since the properties are continuous. There is no new proposed asphalt parking since this is a temporary use permit. Mr. Cooper states that the approved site plan for threeindustrial buildings (on the continuous properties), two being in place already, has extra parking. The third will also offer parkingwhen completed. Item 2 addresses compliance with the City and County noise regulations. The applicant must engage in the noise abatement practices as represented on sheet I of a drawing entitled ,,Cross Section", dtd 1/4/95, Job #94-372 by Mosby & Associates, Inc. Mr. Mosby reviews that after going before City Council the first time, they hired a specialist from Orlando to acquire more noise data through computer modulation. The information profile is on sheet 3 of 4 of the presented site plan. The computer modulation shows the site would be in compliance if the proposed location of the equipment and berming is approved. Code Enforcement will monitor after operation begins. Item 3 states there shall be no burning of any kind on the site. The applicant has indicated from the beginning there would be no burning as .part of the operation. Item 4 requires the applicant to grade the site as required pursuant to the site plan approved. Mr. Mosby states the site was permitted for 75% impervious area and there is an existing retention area to the south. There will be grading done to construct the large berms to meet the noise requirements. Also, the site will be sloped back to the swale along the main road which drains to the retention area. The run-off from this area will not PLANNING AND ZONING,,COMMISSION REGULAR MEETINGOF F~BRUARY 2, 1995 come close to 75% impervious area because most of it is vegetation. Mr. Cooper states the St. John's Water Management permit was for the preliminary industrial park site plan and the sandmining. He asks if an as-built review will be done by St. John's after they are in operation with the mulch facility? Mr. Mosby states if there is any concern with stormwater drain-off they will come in and review the plans and operation. Mr. Cooper asks what elevation the grading will be in relation to the road? Mr. Mosby states it will be the original design elevation. Mr. Shroyer asks if, after 5 years, will they be required to restore the property and tear down the berms, since this is a temporary use? Mr. Cooper states no, our code doesn't require it. It will be up to St. John's. Item 5 states the site shall have an emergency access on the north side of the property. The access road indicated on the first site plan submitted is still in place. Mr. Cooper requests that the road be made into a morrow-type road with a gate-like entrance that can be easily used in an emergency situation. Mr. Mosby asks if it should be a breakaway gate? or a locked gate with keys supplied to the city and emergency departments? Mr. Cooper states that can be worked out with the Building Dept. at a later date. Mr. Cooper states the road needs to be an adequate width for emergency vehicles, and in doing so, limit the amount of vegetation cleared for buffer reasons. Item 6 states the applicant shall fence the north property line of the site along Concord Avenue from the railroad track to the west property line. Mr. Cooper states this is for safety reasons, and the applicant has already applied for a 6-ft fence permit. Mr. Mosby states there will be a Right-of-Way dedication for the vickers Grove Subdivision because Concord Avenue doesn't have an adequate right-of-way. The fence will be installed 20 feet off the right-of-way, becoming buffered within the citrus trees. ReSidents to the north will not have to look at a chain link'fence. The fence will go to the rear lot line abutting Delores Street. A discussion to allow the fence to be 8 feet vs. 6 feet results in the Board and applicant agreeing on making the fence 8 feet high. Item 7; hours of operation, Item 8; applicant allowing reasonable inspections by the city, and Item 9; site plan review by Planning and Zoning goes unquestioned. Pr,ANNING AND ZONING COMMISSION REGULAR MEETING OF F~BRUARY 2, 1995 PAGE SIX Mr. Cooper makes a recommendation that before operation starts and actual debris is brought in, a fire inspection be done, berms, fences and other necessities be checked, and if necessary, some debris be brought in to check the noise levels. Staff recommends approval. Mr. Mosby reviews that they do have the Fire Dept.'s approval. The changes from the last site plan are the fire breaks in the mulching piles along the west side of the railroad tracks, with the fire lane now in-between the piles and tracks. The design of the berms have changed and the equipment will now be 1300 feet from the north property line. Sheet 2 shows the noise tests applications resulting in moving the equipment to be maintained between the debris cells. Mr. Goldstein made a motion to approve the site plan submitted by Indian River Tree Recycling and Mulch Facility, site plan identified as Sheets i thru 4, job #94-372, Sheets i and 2 with a latest revision date of 1/17/95, Sheet 3 dated 12/94 with no revisions, and Sheet 4 dated 1/18/88, all sheets signed and sealed. The Planning and Zoning Commission finds that the site plan is in accordance with Article X of the Land Development Code. The site plan is approved subject to condition that the Fire Dept. and Building Dept. shall inspect the site for compliance with the site plan and.other aspects of the code prior to debris beingdelivered to the site, with the exception of small quantities for test purposes. Furthermore, the Planning and Zoning Commission approves 8 foot fencing along the northern perimeter. Mr. Shroyer seconded the motion. Roll call was taken. Mrs. Brantmeyer Yes Mr. Falke Yes Mr. Schulke Yes (voting for Mr. Fischer) Mr. Munsart Yes Mr. Shroyer Yes Chmn. Thompson Yes Mr. Goldstein Yes Site Plan approved 7-0. A break was taken at 8:20 p.m. PLANNING AND ZONING COMMISSION REGULAR MEETING OF FEBRUARY 2, 1995 The meeting resumed at 8:32 p.m. and all members were present. DXSCUSSXOM- BARBED WIRE FENCING IN COMMERCIAL GENERAL ZONING (Section 20A-5,9(F)(2) Mr. Cooper reviews that because of previous applications for barbed wire fencing on commercial property, and concerns with our code and manufacturer specifications, a possible change in our code is what is being reviewed. Mr. Cooper states that when this Section was changed before, other fence ordinances were looked at and amended to reflect their requirements. He feels the inward-facing barbed wire is the way to go. It is aesthetically more pleasing yet still offers security. What needs to be looked into is the placement of the bottom strand of wire. A contractor noted that it is impossible to meet the code's height requirement because of the industry's standard fence arm extender's placement of the bottom strand. Mr. Cooper would like to investigate this situation further before making any recommendations on changing the height requirement. Mr. Shroyer suggests that inward should not be the onlyoption. If the fence can be placed 6-inches off the property line, the barbed wire should be allowed to face outward also. Mr. Cooper has no information if one way or the other offers more security. If the fence is contained on the applicant's property, he sees no problem with it, but leaves it up to the Board to make that decision. Mr. Cooper states he will recheck with the industry on their standards and research other counties through the League of Cities library. Also, he will try to get statistics on the security effectiveness of inward vs. outward facing barbed wire. Mr. Schulke questions the liability of an outward facing barbed wire fence along a side walk if a 6'4" person walking by cuts himself. Mr. Cooper states this will also be researched further before making any suggested changes to the code. CHAIPJ~%~ATTE~: None Mr. Falke asked to be excused for the February 16th meeting. Mr. Goldstein discusses his addition to the packets - an unofficial site plan approval check list. Mr. Cooper states he will check and confirm the list and make it official. PLANNING AND ZONING COMMISSION REGULAR MEETING OFFEBRUARY 2, 1995 PAGE E~,G~T Mr. Munsart states he would like to see a concrete definition of "temporary" put in the code for special use permits. Mr. Cooper agrees and will put it on the agenda for a later date. Mr. Thompson would like to see a quasi-judicial system set up for Planning and Zoning for their public hearings. He suggests a sign- up sheet for public input. Mr. Cooper suggests following City Council's sign-up procedures. Mr. Thompson states he wasn't sure Planning and Zoning should be that formal. Mr. Cooper states that a site plan review is not a public hearing, but is still a quasi-judicial procedure. He asks the city attorney if someone comes to a review and feels they are an affected party, are they allowed to speak? Mr. Williams states they must establish they are an affected party. Mr. Thompson suggests changing the code to make site plan reviews public hearings. The Board previously had adopted City Council's quasi-Judicial procedures, and agrees to have Mr. Williams review them and adapt them to Planning and Zoning. Also, Mr. williams will look into legal aspects of changing site plan reviews to public hearings. None BUILDING OFFICiAL MATTERS: POSSXBTM AMENDMENT TO C.O.R. DXSTRXCT CONDXTXOMAL USg CRXTERXA Mr. Cooper reviews that he received a letter from a realtor with concerns regarding the requirements of the conditional use criteria. The C.O.R. District is the least allowable commercial district. The intent of the district is to allow commercial to blend with residential. There is a limitation of the amount of ground floor square footage that can be used for retail. The district mostly allows for offices. There are 3 or 4 areas of C.O.R.. Mr. cooper wants to get with the author of the code to find the actual intent of the 40% vs say, 100% of the ground floor. He wanted to review the subject with the Board to familiarize them with what Changes should be reviewed. Further discussion of a possible amendment will be on a future agenda. ADJOURNMENT: The meeting was adjourned at 9:04 p.m. COUNTY, MUNICI , AND OTHER LOC UBLIC OFFIOERS J ~,~/~AME--FIR~ NAME--MIDDLE NAME .............. LNAME OF ~R~ C~UN~I~. COMMISSION. ~HORITY, OR COMMI~EE CITY COUNTY DATE ON WHICH VOTE OCCURRED I THE ROARD, COUN'CI[.. COMMISSION?AUTHORITY° OR COMMITTEE ON kWHICN I SERVE IS A UNIT OF: !~C'ITY ', ~ COUNTY t ! OTHER LOCAL AOENCY NAME OF POLITICAL SUBDIVISION: MY POSITION I$: %.,,,' ~: ELECTIVE~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committe~ It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the usc of this particular form is not required by law, you are encouraged to use it i'h making the disclosure required by law. Your responsibilities under the .law when faced with a measure in which you have_a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, 'please'pay cios~attention to the instructions on this fot'm before completing the reverse side and filing the form. INSTRUOTION$ FOR OOMPLIANOE .WITH SEOTiON 1t2.31,43, 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 n 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 voling 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 otherwise 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 THE 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 ording 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'°f the agency. * The form should be read publicly at the meeting prior to considerat'ion of the matter in which you have a conflict of interest. CI I-'¢)RM ~l:l 1¢1.#6 PACiE ' " orally' ' You should disclose the nature of your conflict in the measure before participating. You should complete the form and'file it within 15 days a~er t~e vote o~urs with the ~rson r~nsible for recording the minut~ of the'meeting, who should incbrpbrate the' fo'tm in the minutes. I, ~. ~w..~.~ ~-'L, ..~..~,~. , hereby disclose that on (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 DISCLOSURE OF STATE OFFICER'S INTEREST '"z- . , by whom I am retained. (b) The measure before my agency and the nature of my inlerest in the measure is as follows: Date Filed I:'~.~=~..,,~e-'-~ ~.a~Q) tO~' Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINI IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A ClV!L PENALTY NOT TO EXCEED $$,000. CE FORM 8B