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HomeMy WebLinkAbout02161995 PZI'"'N City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 16, 1995 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular Meeting of December 15, 1994 Regular Meeting of January 5, 1995 5. OLD BUSINESS: Follow-up discussion - C.O.R. District 6. NEW BUSINESS: Public Hearing - Home Occupational License - L & M Pressure Cleaning - 734 Forster Avenue Public Hearing - Home Occupational License - Custom Clean 137 Day Drive Public Hearing - Home Occupational License - Anthony Hardesty 1480 Schumann Drive Public Hearing - Conditional Use Permit - Sebastian Christian Church Public Hearing - Conditional Use Permit - Hometown Animal Hospital Site Plan Review - Hometown Animal Hospital - 827 Fellsmere Rd Conceptual Drawing Review - Vi's Restaurant - Indian River Dr 7. CHAIRMAN MATTERS: 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 r0"`1 CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. r CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY 16, 1995 Chairman Thompson called the meeting to order at 7:02 p.m. ROLL CALL: ALSO PRESENT: ANNOUNCEMENTS: PRESENT: Mr. Munsart (Arrived at 7:04) Mr. Shroyer Chmn. Thompson Mr. Goldstein Mrs. Brantmeyer Mr. Barnes EXCUSED: Mr. Falke Mr. Fischer Mr. Schulke Bruce Cooper, Director of Community Development/Building Official Dom Bosworth, Secretary Mrs. Brantmeyer is voting tonight for Mr. Falke. On the 16th of February, Chmn. Thompson signed a minor modification to the site plan for the former Tripp Electric Building on US 1 to add a space for a storage area of mulch and sod. This building is going to be used as a retail store for mulch and sod, and it was only a very small change, and we required them to put up one piece of screening from what they had proposed on their plan. APPROVAL OF MINUTES: MOTION by Barnes/Goldstein I move to approve the minutes of January 5, 1995 as written. to Voice vote was taken. 6-0 carried the motion. MOTION by Shroyer/Barnes ti�N�N ���N gQ�NNN�'G j •1�P��/ Pee �✓°� tea. � move to cover "new business" before "old business" PLANNING AND ZONING COMMISSION PAGE TWO REGULAR MEETING OF FEBRUARY 16, 1995 Voice vote was taken. 6-0 carried the motion. NEW BUSINESS: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - L & M PRESSURE CLEANING - 734 FORSTER AVENUE All applicants for Home Occupation Licenses - Conditional Use Permits, Randy Mosby of Mosby & Associates, and Bruce Cooper, were sworn in according to quasi-judicial procedures. The public hearing was opened at 7:07 p.m. There were 22 notices of the hearing sent out. There was one objection letter received and no non -objection letters. Chmn. Thompson stated that the objection letter was from Keene, New Hampshire. Michael McGranahan , 734 Forster Ave, Sebastian was present. Mr. Bruce Cooper stated that everything was in compliance at this time. He asked Mr. - McGranahan to explain his equipment and intentions, and made sure he was clear on the storage requirements. There was no public input. The public hearing was closed at 7:12 p.m. MOTION by Goldstein/Barnes I move to grant the Home Occupational license to L & M Pressure Cleaning, 734 Forster Ave, to Mike McGranahan. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - CUSTOM CLEAN -137 DAY DRIVE James Legere, 137 Day Drive was present. The public hearing was opened at 7:13 p.m. There were 10 notices of hearing sent out and we received no objection or non -objection letters back. Staff had no objections. Mr. Thompson clarified with the applicant that the proper name of the business is "Custom Clean" /'� and not "Clean Sweep" as inserted on one line of the application. I'"'\ Mr. Munsart asked about the vehicles belonging to the applicant. They were satisfactory. PLANNING AND ZONING COMMISSION PAGE THREE REGULAR MEETING FEBRUARY 16, 1995 The public hearing was closed at 7:17 p.m. MOTION by Barnes/Brantmeyer I move to approve the Home Occupational License for Custom Clean, 137 Day Drive, Sebastian. Roll call was taken. 6-0 motion carried. PUBLIC HE kRING - HOME OCCUPATION LICENSE - ANTHONY HARDESTY - 1480 SCHUMANN DRIVE W. Hardesty was absent. MOTION by Goldstein/Shroyer I move to defer this application to the next regular meeting which is March 2, 1995. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - CONDITIONAL USE PERMIT - SEBASTIAN CHRISTIAN CHURCH The public hearing was opened at 7:19 p.m. There were 14 notices of the hearing sent out. There were no objection or non -objection letters received. Staff had no objections. Randy Mosby of Mosby & Associates explained that the floor plan is still pending, because the Church has had to cut back on costs by decreasing the number of seats. Exterior lighting has been designed, and when floor plans are complete they will be presented for review. Mr. Goldstein suggested granting the conditional use permit, conditional upon meeting the requirements of our code in 20A-3, paragraph c, to ensure the applicant meets the applicable conditions stated in Article 6 and all other applicable provisions of the code including site plan review in that, at least two elements required for the site plan, floor plan and elevation are not presented to us today. I would ask that we make our conditional use permit grant conditional upon receiving those two missing works. The public hearing was closed at 7:26 p.m. Mr. Bruce Cooper suggested a motion that the Commission "move to approve the conditional use /10 " permit for the Sebastian Christian Church located on Tracts E and F, Sebastian Highlands, Unit PLANNING AND ZONING COMMISSION PAGE FOUR REGULAR MEETING OF FEBRUARY 16, 1995 17, pursuant to Section 28-3.4C that you are approving this conditional use permit subject to the same conditions of approval of the site plans which were that the applicant must still submit plans regarding lighting, building elevations, building floor plans, and HRS permit; and that the Planning and Zoning Commission finds all other conditions within Section 20A-6.1 C4 of the Land Development Code have been met". MOTION by Goldstein/Shroyer Madam Secretary, I adopt Mr. Coopers words as my motion; and also identify some of the submissions that Mr. Mosby provided for us; a paving site plan, revision of 12/21/94, sheet C-1, 1 of 2; number 94-341; also sheet C-22 of 2, 94-341; also a paving and drainage detail sheet, revision 2, dated 4 January 1995. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - CONDITIONAL USE PERMIT - HOMETOWN ANIMAL HOSPITAL - 827 FELLSMERE ROAD The Public Hearing was opened at 7:34 p.m. There were 14 notices of the hearing sent out. No objections or non -objections were received. Mr. Cooper explained that this is for the C 512 Zoning District which this proposed location of a veterinary hospital is located. He discussed the various conditions that should be reviewed as pertains to this approval. Staff recommends approval. Randy Mosby offered to answer any questions, discussed screening, and soundproofing. There was no public input. The public hearing was closed at 7:44 p.m. MOTION by Barnes/Munsart I make a motion to grant the Conditional Use for the Hometown Animal Hospital at 827 Fellsmere Road, Sebastian. Chmn. Thompson suggested an amendment to say that "we, the Commission are of the opinion that all the conditions as indicated in 20A-6.1, 2711 1, 213 3, 4, & 5 have been met". Mr. Munsart suggested amending the above amendment to state it complies with 20.A-6.1 C27B 1,2,3,4,&5. /4**� Roll call was taken. 6-0 motion on amendment carried. (4"IhN Roll call was taken on main motion. 6-0 motion carried. PLANNING AND ZONING COMMISSION PAGE 5 REGULAR MEETING FEBRUARY 16, 1995 SITE PLAN REVIEW - HOMETOWN ANIMAL HOSPITAL - 827 FELLSMERE RD Mr. Cooper discussed details of the site plan and in summary, recommended approval, with the following recommendations for TRC: 1) Lighting in the parking area be provided 2) Marginal access easement requires a standard form in our office that has been required of all persons that are along 512, as a code requirement along C512, because of the lots that are 40 ft. in general width size, we want to control the amount of permanent curb cuts along 512. A permanent curb will be provided a rate of about every 5 lots. 3) Unity of title for both lots. 4) Formal abandonment of easement on Lot 21. Otherwise, staff has no objections and recommends approval of the site plan. Randy Mosby discussed disposal of equipment and animals. This is regulated by HRS just like a Doctor would be. There will be no waste disposed on site. The septic tank that is on site is strictly for domestic waste. That is regulated by the State of Florida. There are no kennels; it is a daylight business. The applicant, Mr. Eric Wilsnack, Veterinarian, was present and was sworn in according to quasi- judicial procedures. Chmn. Thompson at this point, welcomed Mr. Krulikowski as a past member of the P & Z Commission and Chairman for many years. There was no public input. MOTION by Mr. Goldstein/Barnes I move to approve the site plan for Mr. Eric Wilsnack and the Hometown Animal Hospital located at (508 Concha Drive). - I'm sorry - correction - 827 Fellsmere Road - the Planning and Zoning Commission has found that this applicant meets the requirements of Section 28-10.2; the considerations and reviewing site plans and our approval is based upon the drawings submitted to us; one drawing identified as Wilsnack Vet Clinic; revision one dated 6 February 1995, sheet C- 11) 1 of 17 drawing 94-576, and we have a drawing of the interior - a rendering of the interior identified as Hometown Animal Hospital; (this is also an elevation), drawing number 1 of 1, job FP -1 I drawn by James S. Gaspari; the drawing dated 2 January 1995; this site plan to be conditioned upon marginal access easement be provided to staff, and also unity of title required to unify lots 20 and 21 and the abandonment of the easement between lots 20 and 21. Roll call was taken. 6-0 motion carried. PLANNING AND ZONING COMMISSION REGULAR MEETrN.G OF FEBRUARY 16, 1995 PAGE SIX A break was taken at 8:18 p.m. The meeting was resumed at 8:33 p.m. All members were present. CONCEPTUAL DRAWING REVIEW - Vi'S RESTAURANT - INDIAN RIVER DRIVE The applicant, Mr. Sterling LeMaster, 2120 58th Ave, Suite 207, Vero Beach, FL. was present. Mr. Cooper explained that this is a conceptual review at tentative approval which has no vested rights. This is a non-conforming structure, whereas parking, set backs and landscaping do no meet code. The seating capacity has been "grandfathered" in and there could be problems with the septic and well, which would have to be taken care of. Mr. LeMaster is proposing a second story addition including a pedestrian walkway" bridged" over Indian River Drive to the East portion of the property that is across the street, plus a small parking area with a dock and boat slips and a "floating barge" at the. end. The concerns Mr. Cooper has are: 1) The pedestrian walkway 2) The floating barge (at end of dock) with business 3) Parking is in right-of-way and could be taken away in the future. Mr. Cooper discussed the second story addition as not a problem, provided: 1) It meets requirements of setbacks. 2) With any expansion of seating, parking is going to be an issue. 3) The "bridge" across the street needs discussion among the Commissioners. Mr. LeMaster discussed his concept of this site, discussing parking with neighboring businesses, replacing the floating barge with a paddle-wheel boat, with the attraction of the water-front being used in conjunction with the restaurant. The consensus of opinion among the Commission members was that the "bridge" was not a good idea. The subject of parking and many suggested alternatives were discussed at some length. Mr. Goldstein mentioned that parking is a real problem for businesses along the Riverfront, and hopefully some solution can be found in the near future. At present, valet parking seems a viable alternative. Mr. Munsart mentioned that in order for any further development along Indian River Drive, the parking issue has got to be resolved. Mr. Goldstein discussed a possible vessel, moored permanently and having kitchen facilities at the end of the proposed dock. In summary, Mr. LeMaster was encouraged to come back anytime for future concept review. PLANNING AND ZONING ¢0MM/SSION REGULAR MEETING OF FEBRUARY 16. 1995 Chmn. Thompson mentioned one item under Old Business which is a follow-up on COR District. Mr. Cooper spoke of contacting Mr. Solin who was the author of our Code concerning the restriction in the COR District on limitation of the ground floor of the building to be 40% maximum for Commercial Limited activities, versus any other permitted uses or conditional uses within the COR District. The intention of this code was to try to limit the amount of exposure of any residential type atmosphere or uses within that same complex. Mr. Solin recognizes that this may not be a concern today if the code stays with Commercial Limited type uses.. Mr. Cooper recommended that sentence, referring to "40% maximum" be deleted from the Code. This is found on page 408.1 under number 16 - Limited Commercial Activities. Restaurant also needs that limitation. In the Code number 2 under 20A-6. I C16 B2 (Supplement 17) it requires maximum Commercial Limited activities to be limited to 40%. So both of those sections would need to be deleted if you agree. The subject property in this issue is at US 1 and Schumann Drive. Presently, the only uses are offices or residential, because of the~"40%" clause for the COR District. Mr. Cooper directed that a letter should be sent to the inquirer advising that a majority of this Commission has agreed not to change it at this time and will be glad to entertain any other thoughts that they may have and amendments to the Code that may be more restrictive in nature that you might consider. MOTION by Goldstein/Thompson I move that we recommend to City Council to delete Subsection 2 of 20A-6.1C26C2, page 414, with respect to restaurants in a COR District; I would delete the requirement that the cumulative of such uses shall not occupy more than 40% of the ground floor area of a building. Roll call was taken. Mr. Goldstein - Yes Ms. Brantmeyer - No Mr. Barnes - No Mr. Munsart - No Mr. Shroyer - No Chnm. Thompson - No Motion denied. CHAIRMAN MATTERS: ~. MBERS MATTERS: Mr. Goldstein suggested we direct staff to think about ways that we might require screening along faOIN PLANNING AND ZONING COMMISSION PAGE EIGHT REGULAR MEETING OF FEBRUARY 16, 1995 the rear of those lots. There was discussion about having the option of requiring screening for commercial uses when needed. Residents always have the choice of installing a buffer if they are adjacent to an existing commercial property. It was suggested by Chmn. Thompson that Mr. Cooper research this subject and report back. Mr. Cooper reported that there is a lot of interest in some of the dormant projects around the area recently. He cautioned that this would be a busy year. ATTORNEY MATTERS: None WELDING OFFICIAL MATTERS: None Chmn. Thompson adjourned the meeting at 9:44 p.m. rlla �