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HomeMy WebLinkAbout02051998 PZCITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF FEBRUARY 5,1998 Chairman Munsart called the meeting to order at 5:05 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Munsart Mr. Thomas Ms. Kilkelly(a) Mr. Pliska Ms. Vesia Mr. Schulke EXCUSED ABSENCE: Mr. Mather Mr. Fischer ALSO PRESENT: Robert Massarelli, Community Development Department Ann Brack, Recording Secretary Mr. Massarelli suggested that the Ordinance Review be covered first because of possible time constraints and the fact that these are scheduled for the City Council agenda on February 11, 1998. All commission members agreed to this change. NEW BUSINESS: ORDINANCE REVIEW - Ordinance 0-98-07 - Regulation of Commercial Mulching Machines Mr. Massarelli described the history of this ordinance beginning in October, 1997, when the City Council asked the staff to develop an ordinance to regulate stationary mulching machines and permit them only in a particular area. He continued that the staff drafted an ordinance that made stationary mulching machines a conditional use within the Industrial zoning district. City Council recommended to make it a conditional use in all zoning districts and put a series of conditions on it such as, 100 ft, 500 ft, and 1,000 ft. setbacks for various things. He noted that this Local Planning Agency recommended a uniform setback of 100 ft., but with a protective barrier sealed by an engineer and criteria for truck hauling routes, etc.. He indicated that the LPA's recommendations and the first draft of this ordinance went to City Council and they agreed on a 3 - 1 vote that that was a good idea. Staff was directed to redraft the ordinance making it a conditional use in all zoning districts with the criteria spelled out. He then explained that after reworking this ordinance and taking it back to City Council, on a 3-2 vote they rejected it. He noted that the Council desires that these machines be considered "commercial" mulching machines instead of "stationary" mulching machines; they want it as a special use permit so they would have to approve it, not P & Z; it would be only in an industrial zoning district; it LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION /00*N MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 would only be on a ten acre piece of property; and it would be stationary on a site. Mr. Massarelli indicated that copies of the ordinance implementing the requests of the City Council are before this LPA tonight. He reminded Commission members that they will be making a recommendation to City Council for consistency with the Comprehensive Plan. Mr. Schu ke asked if there was any industrial property that meets this ten acre criteria, and Mr. Massarelh responded that there is some by the Airport, and he pointed to the Future Land -use map and noted that in the process of changing some land -uses, the Morchesky Sand Mine, Fey's property, and probably Vickers Grove industrial subdivision would probably exceed this criteria. In response to a comment from Mr. Pliska that the Vickers property wasn't wide enough, Mr. Massarelli responded that City Council did not put any other criteria on the size of the property and did not specify any width. Mr. Massarelli noted that Council did not address setbacks, hauling, covering materials in trucks, protective barrier, or anything like these. Mr. Pliska commented that the ordinance as recommended by City Council is not feasible because it does not address anything under their direction. He noted that the LPA's original layout addressed all of these issues including space differences, and the safety factors. Mr. Thomas voiced his opinion that the LPA should reject this ordinance. There was further discussion on criteria that was examined by the LPA in the original development of this ordinance. Mr. Pliska suggested rejecting City Council's recommendation. Mr. Thomas noted that this ordinance is too ambiguous; a property could be one inch (1') wide and a thousand miles long, and it does not address the safety issue. On a ten -acre site he suggested that distances (length and minimum width) should be called out, along with the screening. Mr. Schulke suggested that LPA should reject Council's recommendations, and return to the original proposal by the LPA. He questioned whether or not Council members had enough knowledge and experience on this subject to properly work up this criteria. Mr. Massarelh spoke about "vagueness" in many areas of the LDC and the difficulty this poses for enforcement. He mentioned the workshop of the previous evening between City Council and the Code Enforcement Department, with staff and public input. He recommended being very specific on the requirements for the mulching machines, such as was done in the LPA's original recommendation with distances, protective barrier, hauling routes, and all the details that LPA worked on previously. Mr. Thomas commented that when people talk about a ten -acre site, they probably visualize a rectangular piece of property, but when examining it closer, they can realize that ten acres can be any shape, which would defeat the purpose of making it a stationary machine. Mr. Pliska noted that the issue of the size of the property was thoroughly discussed by LPA and it was determined down to a five -acre size. Everything involved with safety was discussed and he 2 ka LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 noted that because of a lack of statistics or reporting, Sebastian may be the first ones to address the safety issue, which he thought was clearly met. He noted that the LPA didn't leave a single issue out of that discussion, to his knowledge. He then noted that at the rate Sebastian is growing, he didn't feel that there would be very many permits to be obtained for mulching, and gradually, mulching would become almost "nil". Mr. Thomas noted that if he were a contractor, he would be tickled to death with this ordinance as devised by Council. Mr. Pliska continued that the way that LPA addressed this ordinance, it met all the safety concerns and all the traffic and economic impact to the City. He didn't believe it should be changed and he believed that LPA should reject it and City Council should work off the original format recommended by LPA. Ms. Kilkelly asked if mobile mulching machines would still be allowed in the City, where mulching could be done on site? Mr. Massarelli explained that mobile mulching machines would be the small ones that are pulled behind a vehicle such as what the Power Company or homeowners use. Ms. Kilkelly then noted that she is against the latest version of Ordinance 0-98-07 because it does not meet the safety and welfare requirements for the City. Chmn. Munsart agreed with Ms. Kilkelly, and noted that his opinion was just about the same as hers. MOTION by Kilkelly/Thomas I recommend to City Council that they re-evaluate Ordinance 0-98-07 and recognize that it's against the health, safety and welfare of the residents of Sebastian, and that they go back and consider the previous recommendation of Planning and Zoning. Discussion: Mr. Schulke suggested adding to the motion a few reasons why this Board thinks it is against the public welfare and safety, or just let Bob explain it. Mr. Massarelli suggested that it would be helpfid if this Board would articulate it, but it may not need to be in the motion. Mr. Thomas noted that the ambiguity of the ten acres is one big reason. Mr. Massarelli suggested that the motion be voted on, and the specific reasons can be recorded. Roll call: Mr. Pliska - yes Mr. Schulke - yes Ms. Vesia - yes Chmn. Munsart - yes Mr. Thomas - yes Ms. Kilkelly - yes The vote was 6 - 0. Motion carried. 3 i LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION eo*� MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 There was discussion on the reasons why this Board rejected the Council recommended ordinance and the following issues were noted by Mr. Schulke: 1. site being an infinite or undetermined length or width and these machines could be placed close to the public right-of-way or adjacent to other property. 2. It doesn't address the safety issues of the machine; we tried to add a deflector. 3. It doesn't address traffic issues. 4. Mr. Pliska added that it doesn't address the economic impact. 5. Mr. Schulke suggested that it might cost the City more if they ever build the storm -water system. He also noted that the price of housing will increase with the cost of the mulching operation. 6. It doesn't address the increase in truck traffic on our streets ORDINANCE REVIEW - Ordinance 0-98-04 - Shared Parking Mr. Massarelli gave the history of the Shared Parking Ordinance, noting that the LPA recommended rejecting any changes in the shared parking provisions in the Code. He noted that it went to City Council and they asked the City Attorney to get together with Les Sohn to come up with language that would be acceptable. Mr. Massarelli, Ms. Settles and Mr. Solin worked together, obtained ordinances from around the country to see what other people are doing with shared parking; and boiled it down to this recommendation. He noted that because of LPA's previous interest in this ordinance, he felt it should be brought back before them for their input to City Council. He then proceeded to identify situations where shared parking could be utilized: 1. If there are two separate parcels of land, there can be an agreement to share the parking, and that agreement would be binding on both parties and be part of the site plan review process, and the City would have to approve any change of use if one went out of business, etc., and it would have to be constantly monitored. 2. It does not provide for shared parldng on a single lot. He gave an example of a shopping center with a movie theater where shopper traffic would peak at 5:00 pm or so, then the theater is open at night, and there is an overlap where separate parldng is not needed. This is not allowed in this code. Mr. Massarelli then noted that if there is a parcel of land with multiple uses on it, parking for all the uses will have to be addressed independently then totaled. Several LPA members noted that this is contrary to the purpose of shared parking. Mr. Puska noted this would be a hindrance; Chmn. Munsart noted this does not accomplish the purpose; Mr. Schulke noted that this in contrary to APA planning recommendations. 4 /� LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Schulke noted that the concept of shared parking indicates an overlap such as a bowling alley and a doctor's office, and instead of needing 30 parking spaces - fifteen (15) for each use - they would only need 25. He noted that there are methods recommended by the American Planning Association to calculate that, but this proposal is not allowing that. He then asked Mr. Massarelli to explain condition 1, the "highest cumulative total". Mr. Massarelli responded with an explanation. Mr. Schulke asked if this ordinance was rewritten under Council direction, or did staff write it and do they agree with it? Mr. Massarelli responded that he's not sure what City Council wants. Mr. Thomas gave his definition of shared parking, noting that there are two issues involved here; one being a "strip mall" with multiple uses sharing a common parking lot; and the other issue like the Mexican restaurant next to Fischer's office building on South U.S. 1. He noted that after the offices at Fisher's building close, usually around 5:00 pm, he saw no reason why the restaurant couldn't use Fisher's parking lot. There was discussion by Ms. Kilkelly and Mr. Thomas about the Council meeting where this issue was discussed, and Ms. Kilkelly suggested that this issue seemed to be aimed at one business on the riverfront. She felt the riverfront should be separated from the rest of the City instead of applying this Ordinance to all of the City. Mr. Pliska spoke of shared parking being an economic issue, and open space would be affected as well, and he felt that the City would be preserved better with shared parking. Ms. Kilkelly noted that she felt that whatever parking spaces were saved by shared parking could be required to be maintained as open space or green area. Mr. Puska agreed and noted that if, in the future, more parking was needed, the land would be there to expand with extra parking. He noted that if all the land is used to the maximum, there could be no extra land preserved for the future. Mr. Thomas noted the new map of the Riverfront, which indicates two different types of mixed- use, and suggested that maybe the answer to this is to develop a parking scheme for the riverfront area, then the shared parking issue almost goes away. Mr. Massarelli noted that that is a possibility. Mr. Massarelli noted that he's not sure what the problem is that needs to be fixed. He mentioned Hurricane Harbor, whose shared parking hasn't worked, and the second one is Captain Hiram's proposed hotel on the west side of Indian River Drive. He noted that the shared parking was adequate on the site plan. There was discussion on Angler's Obsession moving from Hurricane Harbor to the Skidmore dock. A LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 - Mr. Massarelli reminded Board members that City Council doesn't have to justify their decisions, they are the policy makers. He noted that this Board has to respond to something they (City Council) have done whether it is consistent with the Comprehensive Plan or not, then make recommendations for improvement or no improvement. He noted again that he doesn't really know what the problem is. Mr. Pliska noted that shared parking so far doesn't seem to bother anyone or be a hindrance, and if it is working, why try to change something that's working. Mr. Massarelli noted that it is not working for Angler's Obsession at Hurricane Harbor. Mr. Pliska noted that that is one place. He suggested that this particular site could be addressed, but felt the entire rest of the City should not be changed because of this one problem. Mr. Massarelli gave an explanation of the problem at Hurricane Harbor. Mr. Thomas referred to page 2, item 5. of Ordinance 0-98-04 and suggested this almost describes Captain Hiram's. Mr. Massarelli noted that the Community Development Department uses item 5 all the time. When Captain Hiram's or any other establishment comes in with a new occupational license, it must be shown on the site plan where the additional parking places are. He noted calculating the parking spaces at Washington Plaza.. Mr. Thomas asked all the Board members if they could solve the problem that everyone seems to think exists here by defining shared parking and why it is needed. He indicated that he felt there was very little wrong with this, except that it has pointers pointing at different areas. Mr. Massarelli explained that items 1 through 6 are in the existing code, and item 7 is being changed or replaced with different language on pages 3 and 4. There was discussion about condo -type ownership of offices or retail businesses, and who owned the parking lots at these places. Mr. Schulke referred to page 2, item 5., and suggested adding some language to this. MOTION by Thomas/Schulke I so move that we make a recommendation to the Council that we approve Ordinance number 0-98-04 as written with the following amendments: (adding to 20A-8.3, paragraph 4): However, time dependent shared parking reductions to the total parking required, based on peak hour use, may be considered if a parking study is prepared by �•.� qualified personnel in conformance with published A.P.A. or I.T.E. recognized 6 -1 LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 standards or other similarly recognized standards, and such study and standard uses shall be approved by the Planning and Zoning Commission as part of the site plan review process. Previously approved shared parking does not vest a property owner with any rights when there is a new use. Discussion: Chmn. Munsart noted a typo on page 3, paragraph 4. Ms. Kilkelly noted removing the word "highest" from "highest cumulative total..." in item 7.1. on page 2 Roll call: Ms. Vesia - yes Mr. Thomas - yes Mr. Schulke - yes The vote was 6 - 0. Motion carred. OLD BUSINESS: Chmn. Munsart - yes Ms. Kilkelly(a) - yes Mr. Pliska - yes LAND DEVELOPMENT CODE REVISIONS - Continuation of Draft review - Amended Articles, Chapters 7, 8, 9, and 10. Chmn. Munsart turned the discussion to Mr. Massarelli and he suggested starting on page VII -7-6, 20A 2-7.7, Street Access and Setbacks. He noted that he has several legal questions and is waiting for a response from the City Attorney, Ms. Settles. Visibility triangles were discussed, Ms. Kilkelly verified that diagrams would be included, and Mr. Thomas suggested that ITE would probably have some standards on this issue. Mr. Massarelli gave information on Indian River County's formula, which seems complicated. Chmn. Munsart suggested railings be required on docks in areas where boats are not docked, and Mr. Massarelli noted this will be included. Mr. Massarelli referred to page VII -7, Section 20A 2-7.11, Division of Land, and it was discussed. The next topic was Moving of Structures, and there were no changes at this time. There was some discussion about moving historical structures. Staff suggested that a separate section should be developed for dealing with historical structures. It was determined to strike "as stated above" from the third paragraph, first sentence. Section 20A-2-7.13 Airport Height Limitations was discussed and it was determined to send a f�'*1 copy of this section to the airport manager for his input. Staff recommended no changes at this time. 7 LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Section 20A-2-7.14 Mobile Homes, Travel Trailers, Campers, Boats, Trailers, and Recreational Vehicles Mr. Massarelli noted that this entire section has recently been re -written by City Council, and their version is not included in the Commission members' packets. He also noted that this was already reviewed by the LPA, and it wasn't necessary to do so again. Under D.1., it was determined to insert the words "rented or leased" in the third line. There was discussion on boat trailers. It was determined to insert "No occupational licenses assigned to a temporary trailer" in section E. Section 20A-2-7.15 Large Trucks and Heavy Equipment There was some discussion on this issue. Chairman Munsart closed the meeting at 6:41 pm, to be opened again after the regular P & Z meeting. (2/25/99 AB) 8 City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF LPA MEETING MINUTES OF MEETING HELD FE( PkAR� S'` , /99 AWN APPROVED AT MEETING HELD M ��R q AA . i� . r sA, AA' -CORDING DORRI BOSWORTH, PZM.4F.DOC /ft� /0� CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 5,1998 Chmn. Munsart called the meeting to order at 7:07 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Munsart Mr. Thomas Ms. Kilkelly(a) Mr. Schulke Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Mather Mr. Fischer ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Tracy Hass, Planner II /00"N Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Munsart announced that Mr. Mather and Mr. Fischer are excused, and Mr. Driver has submitted his resignation. He noted that Ms. Kilkelly will be voting tonight. APPROVAL OF MINUTES: (12/18/97, and LPA 1/8 98) Ms. Kilkelly noted a correction on page 2, last sentence, which should read 332 Valencia Street. MOTION by Kilkelly/Vesia I move that we approve the minutes of the regular meeting of the Planning and Zoning Commission for December 18th, 1997. A voice vote was taken. 6 - 0 motion carried. MOTION by Kilkelly/Vesia I move that we approve the minutes of the regular meeting of January 8, 1998, for the Local Planning Agency of the Planning and Zoning Commission. (O"N A voice vote was taken. 6 - 0 motion carried. /04*\ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 NEW BUSINESS: A. PUBLIC HEARING - MODEL HOME PERMIT - 1812 Barber Street - Simes Construction Co. Mr. Carroll Simes, 4040 Hickory St., Sebastian, was present There were twenty-nine (29) notices of hearing sent out and there were no objection or non- objection letters received. Ms. King gave staff presentation and recommended approval for a one year period. Chmn. Munsart opened and closed the public hearing at 7:12 pm, as there was no public input. MOTION by Vesia/'Momas I make a motion that we approve the conditional use permit for Simes Construction at 1812 Barber Street, Sebastian. A voice vote was taken. 6 - 0 motion carried. B. PUBLIC HEARINGS - HOME OCCUPATIONAL LICENSES: 1. 1449 Phelps Street - Elizabeth Griffin Staff suggested postponing this item till after all other cases are handled to give the applicant a chance to be present. 2. 925 Beach Lane - Amato J. Daniele Mr. Amato J. Daniele, 925 Beach Lane, was present. He indicated that he will be doing high- pressure washing and cleaning houses and roofs. There were twenty-four (24) notices of hearing sent out and there were no objection or non - objection letters received. Ms. King gave staff presentation and recommended approval Chmn. Munsart opened and closed the public hearing at 7:16 pm, as there was no public input. MOTION by Kilkelly/Thomas I move that we approve the conditional use permit for a Home Occupation for Amato J. Daneile, Handyman Service at 925 Beach Lane, Sebastian. A voice vote was taken. 6 - 0 motion carried. 2 /°"®1, /110"N PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 3. 474 HAZEL STREET - Robert Shoup Mr. Robert Shoup, 474 Hazel Street, Sebastian, was present. He noted that he will be doing murals on walls in private homes, paintings, and apply gold leaf to items. There were thirty-four (34) notices of hearing sent out, and we received one objection and no non- objection letters. A copy of the objection letter was provided to the applicant. Ms. King gave staff presentation, noted an error on the staff report, and after asking some questions of the applicant, recommended approval. MOTION by Schulke/Kilkelly I would like to make a motion that we approve the conditional use permit for a Home Occupational license for an artist/signmaker, Robert W. Shoup at 474 Hazel Street, Lot 16, Block 86, Sebastian Highlands, Unit 2. A voice vote was taken. 6 - 0 motion carried. 4. 342 S. WIMBROW -Frank Carlow Mr. Frank Carlow, 342 S. Wimbrow Drive, Sebastian was present and gave a brief presentation on the proposed lawn service. There were ten (10) notices of hearing sent out and we received one (1) objection letter and no non- objection letters. The applicant had already received a copy of the objection letter. Ms. King gave staff presentation, noted that this will be an address of convenience only, and recommended approval. MOTION by Kilkelly/Schulke I move that we approve the conditional use permit for a Home Occupation for Frank Carlow, doing business at 342 S. Wimbrow Drive, A, Sebastian Highlands. A voice vote was taken. 6 - 0 motion carried. At this point, the Chairman returned to the application from Elizabeth Griffin for a cleaning service. There were thirty-five (35) notices of hearing sent out and we received one (1) objection letter and no non -objection letters. Chmn. Munsart opened the public hearing at 7:35 pm. 3 60 /®\ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998Mr. John Daugherty, 1553 Glentree Lane, Sebastian, spoke on this issue. When this permit was explained to him, he had no objection if the rules are followed by the applicant. Chmn. Munsart closed the public hearing at 7:40 pm. Ms. King, referring to the staff report, recommended approval, based on the application.. MOTION by Thomas/Schulke I so move that the conditional use permit application for Elizabeth Griffin Cleaning Service at 1049 Phelps St., Sebastian, be postponed till the next hearing by this Commission, Planning and Zoning Commission. A voice vote was taken. 6 - 0 motion carried. Chmn. Munsart noted that the above item is postponed until the meeting of February 19, 1998. C. ACCESSORY STRUCTURES - Section 20A -5.7.D- 761 Bayharbor Terrace - Warren Roberts The applicant, Mr. Warren Roberts, 761 Bayharbor Terrace, Sebastian, was present and gave a brief presentation. Ms. King gave staff presentation. Mr. Schulke brought up the subject of unity of title, and Ms. King responded that this has been obtained and is in the Building Dept. file. MOTION by Pliska/Thomas I'll make a motion that we grant the accessory structure for the applicant, Warren Roberts, 761 Bayharbor Terrace. A voice vote was taken. 6 - 0 motion carried. D. SITE PLAN REVIEW - ACORN MINI -STORAGE WAREHOUSES - Fellsmere Road - Industrial District - David Fahmie Mr. Dave Fahmie, 430 Live Oak Drive, Vero Beach, was present and introduced his engineer, Todd Smith, 440 lith Lane, SW, Vero Beach. Mr. Smith, representing the applicant, gave a presentation explaining the phases, building materials, height, etc. Mr. Hass gave staff presentation and recommended approval. 4 f10*� /'"''\ /OWON. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Massarelli gave information on the property at the SW corner that drops off at drainage ditch. He noted that there is a retaining wall in that area. He also noted that the County had planned to install a sidewalk in this area, but did not get the land for it, and indicated that Mr. Fahmie has indicated willingness to give the County a ten (10) foot wide easement so it can be constructed. Mr. Smith indicated that the entire facility will be fenced, and there will be lighting on the face of the buildings. He also noted that the rear property line, and part of the west side will be landscaped and bermed in three different levels, which will create a vegetative barrier for the residential properties nearby. There was discussion on a time limit for the shrubbery in the Type A buffer to reach six feet (6) high. It was suggested to impose a time limit of one (1) year. There was discussion on how the berm played into the height of the opaque vegetative wall. Mr. Schulke noted CR 512 being one-way in this area, and it was noted that a sign should be installed and this should be a condition of approval. There was discussion of plants, how they grow, distance of planting on center, and how long it would take to become an opaque wall. Staff suggested two foot centers on these plantings. Chmn. Munsart noted that shrubs were not indicated in an area on the site plan, and was assured that shrubs were planned for that section. There was discussion about the name "Acorn mini -storage" and "Atlantic mini -storage" and the applicant indicated that everything will be changed to "Acorn mini -storage". MOTION by Kilkelly/Schulke I move that we approve the site plan application for "Acorn mini -storage" at County Road 512, Sebastian, Florida, with drawings by Custom Homes of Vero, and Todd Smith, P.E., dated October, 1997, revised 1/7/98 and 1/14/98, project #97-161, and submitted with the application, with the condition that the hedge will be six (6) feet tall within a year in the Type A buffer; "Right Turn Only" sign at CR 512; and the requirement that a sidewalk be placed along CR 512. Discussion: Mr. Schulke pointed out that if a sidewalk is installed, the ten (10) foot buffer would be lost, and Mr. Smith noted how it would be redesigned. Roll call: Mr. Pliska - yes Mr. Schulke - yes Ms. Vesia - yes Chmn. Munsart - yes Mr. Thomas - yes Ms. Kilkelly(a) - yes W /201's /omh� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 The vote was 6 - 0. Motion carried. Chmn. Munsart announced a five-minute break at 8:40 pm. The meeting resumed at 8:50 with all previous members present. E. SITE PLAN REVIEW - Barber Street Storage - Mini -Storage Warehouses - Barber Street Trade Center - J. Schulke At this point, Mr. Schulke removed himself from the dais and filed Form 8B, Conflict of Interest. Mr. Joseph Schulke, of 59 Blue Island Street, Sebastian was present, noted that he is one-third owner of this project, and also the engineer of record. He gave a brief history of this project, and referred to the preliminary plat. Mr. Hass gave staff presentation and recommended approval with the six conditions listed on page ten (10). He noted that roof signs are not allowed by code. He also noted an identification sign that is on the west side of the entrance road appears to cause a visibility conflict, and recommended that the applicant move the sign to the other side of the entrance. He also noted the proposed landscaping, which is more than the code requires. f Ms. Kilkelly suggested spreading the trees out throughout the property instead of grouping them close to the wall. There was discussion on this issue and also on the sign height at the entrance, lighting, and irrigation system Mr. Schulke went down the list of conditions and remarked on each one. The dumpster was discussed, and staff suggested re -wording the condition to read "...if a dumpster is used, that it will be realigned...". There was also some discussion on providing a bond. MOTION by Thomas/Kilkelly I make a motion that we approve the site plan for the Barber Street Storage under the name of Joe Schulke located on Barber Street, with the associated drawings and conditions under the sheets dated 1/29/98, signed by Mr. Joe Schulke, sheets one (1) through six (6) for the drawings, and the office drawing, Lot 3 - 30, is one (1) of one (1), I have to assume they are all 1/29/98, and the conditions carried on in the staff report, as amended. Conditions one (1) through six (6) which are indicated as no roof sign, relocated identification sign to East side of entrance drive; if a dumpster is used, realign dumpster to allow easier access for reclamation vehicles; Hedges shall be planted at 30" on center; No construction of buildings until approval of final plat; no chain link fence shall be used in conjunction with Type "A" opaque buffer on the West side of the property. These requirements are dated 1/27/98. Discussion: F"N There was a brief discussion on "phasing". It was also noted that he would have to get permits for clearing and/or grubbing 6 1148� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Roll call: Ms. Vesia - yes Chmn. Munsart - yes Mr. Thomas - yes Ms. Kilkelly(a) - yes Mr. Pliska - yes The vote was 5 - 0. Motion carried. CHAIRMAN MATTERS: Chmn. Munsart suggested sending a get well card to Mr. Mather, and the secretary was directed to sign for all members. MEMBERS MATTERS: None DIRECTOR MATTERS: Mr. Massarelli announced a minor modification to a site plan for Mr. Philipson, for his warehouse at 137 Fellsmere Road, comer of Fellsmere and High, the west corner, to put a driveway in. He then discussed Mr. Fey's restaurant, Fey's Landing. He noted that when a complaint was received, Code Enforcement officers visited this site and they found 140 seats instead of the approved 105 seats. He indicated that the owner asked to be able to rope off some seats, depending on the weather, and if patrons are to be inside or outside. There was discussion on this issue. Ms. Kilkelly asked how this issue could be enforced. Staff responded that Mr. Fey has received a written warning, and the next step will be a summons for a hearing, according to the Code Enforcement process. Mr. Munsart pointed out that the code does not refer to "serving" - it says 105 seats, period. Mr. Thomas asked what the limitation fire -wise is for the number of people in there. Staff indicated that this would be checked on, and noted that the Fire Marshall's maximum occupancy designation determines the parking. It was indicated that the Code may need changing on this issue. Mr. Massarelli then indicated that Mr. Fey has asked to be able to take the residence on the second floor and convert it into the restaurant. Mr. Thomas brought up the subject of "usage". There was consensus among the members to count 105 seats at Fey's Landing, under the present code, and present site plan. The next subject was Fischer Island Subdivision which had a club house and guard house on the preliminary site plan. Mr. Massarelli mentioned the issuing of building permits before the final plat, and asked if a building permit for the guard house should be issued for this amenity before final plat. This issue was discussed, and the code was referred to. It was determined to issue a permit for this amenity during the construction phase, and agreed to by all Board members. 7 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Massarelli reminded Board members that the new brochures for Home Occupational licenses, and one for the "Do's and Don'ts" for Sebastian, will be available within one or two days, and they will be available to the Board members. Mr. Thomas suggested these brochures be distributed to Chamber of Commerce, Homeowners Association, Library, and the Welcome Wagon. Mr. Pliska noted that he could provide information about the Welcome Wagon. Mr. Massarelli also reported on the City Council Workshop meeting on the Riverfront. He also pointed out on a map the changes that City Council made in the zoning in that area, and there was discussion on "Grandfathering" in present uses. Catalano's Used Car lot on U.S. 1 and Main Street was discussed for violations, from parking to employees. Mr. Massarelli noted that the Overlay District will be March 11, and the Zoning in April. Chmn. Munsart adjourned the meeting at 10:04 pm. (3/5/98 AB) 8 r4ol� City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561 ) 589-5537 0 FAX (561 ) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD ('-:oi���. S / q9 g � APPROVED AT MEETING HELD �`/� !`t . 199 SC E. ANN BRACK, RECORDING SECRETARY DORRI BOSWORTH, SECRETARY PZM, AF.DOC /'N /"%, n City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, FEBRUARY 51 1998 PLANNING AND ZONING COMMISSION 7:00 P.M. 1. CALL TO ORDER. 2.. PLEDGE OF ALLEGIANCE. 3. ROLL CALL. 4. ANNOUNCEMENTS. 5. APPROVAL OF MINUTES: Regular Meeting of 12/18/97 & LPA Meeting of 1/8/98 6. OLD BUSINESS: 7. NEW BUSINESS: A. Public Hearing - Model Home Permit - 1812 Barber Street. - Simes Construction Co. B. Public Hearings - Home Occupational Licenses: 1. 1049 Phelps Street - Elizabeth Griffin 2. 925 Beach Lane - Amato J. Daniele 3. 474 Hazel Street - Robert Shoup 4. 342 S.Wimbrow - Frank Carlow C. Accessory Structures - Section 20A -5.7.D: 1. 761 Bayharbor Terrace - Warren Roberts D. Site Plan Review - Acorn Mini -Storage Warehouses - Fellsmere Road - Industrial District - David Fahmie E. Site Plan Review - Barber Street Storage - Mini -Storage Warehouses - Barber Street Trade Center - J. Schulke 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. 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) /ollb1 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. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE AT THIS MEETING.