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HomeMy WebLinkAbout02191998 PZr _ (IM11) /001111 CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF FEBRUARY 19, 1998 Chmn. Munsart called the meeting to order at 5:03 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Munsart Mr. Thomas Ms. Kilkelly(a) Mr. Puska Ms. Vesia EXCUSED ABSENCE: Mr. Mather Mr. Fischer Mr. Schulke ALSO PRESENT: Robert Massarelli, Community Development Director Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Munsart announced that Ms. Kilkelly(a) will be voting tonight in place of the absent members. OLD BUSINESS: None NEW BUSINESS: A. LAND DEVELOPMENT CODE REVISIONS Mr. Massarelli reported that he received DCA approval of the EAR two days ago, and the transmittal hearing of the Comprehensive Plan on March 4, 1998. It will be approximately sixty (60) days from then that we will get DCA comments, and the adoption hearing will be held on the Comp. Plan. Land Development Code revisions cannot be adopted until after the Comp Plan is adopted. Article VI, 20A2-7.16 Large Trucks and Heavy Equipment - no changes. Chmn. Munsart asked about truck parking signs on US# 1, and staff noted that is handled by DOT. Ms. Kilkelly pointed out that there was no definition of "heavy truck". There was discussion on the size (length) limit of personal vehicles which City Council determined should be twenty-three feet (23) long and eight feet (8) high. The question was asked if this was if /Okl� / LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF FEBRUARY 19, 1998 measured bumper to bumper, and it was noted that this definition should be inserted. It was also suggested to exclude dump trucks in paragraph A-3. There was consensus to delete Paragraph D. 2-7.16 Land Excavation and Fill - strike "or which impacts a designated conservation area" because the City does not have any designated conservation areas. The subject of mining was discussed. Areas for future development, as well as present development with phases remaining to be completed were identified by Mr. Massarelli. Mr. Thomas suggested changing the wording about sand mining to indicate that soil, sand, etc. could be removed only for development, and not call it sand mining. Mr. Massarelli suggested wording such as - Excavation of materials, related to an approved preliminary plat or site plan, is allowed. (Even if it is hauled from the site) This activity would fall under the Water Management District. Under 7.16, the last sentence, strike everything after the word "activities". Fill on residential lots was discussed, as was maintenance of front and side swales. Chmn. Munsart noted that Code Enforcement must enforce these provisions, and they haven't in the past. Mr. Massarelli noted that Public Works and Engineering have a role in finding violations and reporting them to Code Enforcement. It was discussed and determined to require all driveways to be paved. Design criteria for driveways will be obtained from the City Engineer, by Mr. Massarelli. Other driveway issues were discussed, including a maximum width. By 3-2, it was determined to insert a maximum driveway width of twenty-four feet (24'). (Mr. Massarelli asked the secretary to remind him to have more discussion on this issue.) Definition #7(8): Mining - It was suggested to add to the present definition - "the removal of sand, rock, gravel, soil, shellrock or minerals from a project site of an approved preliminary plat or site plan, is exempt. All members agreed. It was determined that a subdivision is exempt from sand mine rules, but not exempt from all other regulations. Mr. Massarelli referred to page 7 -XVIII and noted that "this applies to excavation in a subdivision". There was discussion on the depth of ponds. Chmn. Munsart called a break to this meeting at 6:34 pm, until after the regular P & Z meeting. l� LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 Chmn. Munsart reopened the Local Planning Agency, Planning and Zoning Commission at 8:23 pm with all previously present members returning except Mr. Mather, who had to leave. Mr. Massarelli started with Water Management Standards, and suggested that paragraphs 2, 3, 4, be deleted. All members agreed. Sand mining regulations - There was discussion on the need for these regulations to govern present sand mining in the City. Mr. Massarelli noted that all sand mining permits on file are related to subdivisions and Vicker's Grove. He suggested changing H to "excavation" regulations, and wherever "mining" is seen, change it to "excavation". He noted that it will also remain a conditional use. Chmn. Munsart suggested that Mr. Massarelli develop an Excavation Permit for subdivisions and site plans, incorporating ideas discussed here today. Mr. Pliska requested that his motion that he took to City Council about the streets be incorporated into the Excavation item. Display of Building Numbers - There was discussion of residential building numbers not being visible from the street. Commercial signs with addresses were also discussed. Violations - It was suggested to delete this section since it is covered elsewhere. Swimming Pools - Mr. Pliska brought up the subject of fencing around in -ground pools. Mr. Massarelli noted the regulations from the National Swimming Pool Code. Mandatory alarms were discussed. Copies of the above Code are to be obtained for LPA members. It was determined to put this section on hold. 7-21 Community Residential Homes and Foster Care Facilities - Mr. Massarelli referred to Chapter 419 of the Florida Statutes and noted that the definition for Foster Care will need to be changed in our Code. There was discussion on this issue. 7-22 This is a new section on historic and/or archeological site. 7-23 Home Occupational Licenses - Staff advised putting this section on hold for further changes. 7-24 Adult Entertainment Establishments - Staff noted that this section is not in the LDC, but is in the Code of Ordinances. Staff commented that a detailed review has not been done yet to make sure everything is in there. Also noted was that most regulations are set by case law, and there is not a lot of flexibility because of law suits. Ms. Kilkelly suggepted that the definitions pertaining to this section should remain with the section. 7-29 Bars and Lounges - It was agreed to have 450' distance for this type of business. Affordable Housing - Staff remarked that this is a new section, and the City is required to have it for the Comprehensive Plan, and gave a summary of the requirements. /1� Ila LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 1911998 Staff explained the difference between Affordable Housing and Low -Income housing with Federal assistance. Chmn. Munsart asked that a definition for Affordable Housing be inserted in this section. 7-27 Convenience Stores - Staff noted that this is in the Code of Ordinances, but felt it would be more appropriate to have it in the LDC. ARTICLE VIII: Nonconformities and Noncompliiances - Discussion took place on this section. 84 Noncomplying Lots of Record - It was determined that research needs to be done on this section. 8-5 Increase in Nonconformities Prohibited - Has no changes. 8-6 Post -Disaster Replacement/reconstruction - Staff noted that this is a new requirement and complies with the Comprehensive Plan. He also noted that it has been decided not to form a Development Review Committee (DRC), but to make a recommendation by the Community Development Department. Also, change "assessed or appraised value" to "assessed value of the structure", not structure and land. Chmn. Munsart asked how to get homeowners with run-down properties to clean them up. There was discussion on this issue. The issue of bad properties de -valuing surrounding properties was discussed, and staff agreed to make copies of an ordinance from California which addresses this issue, and provide them for the next meeting. 8-7 Change in Nonconforming Uses Without Structural Alteration - Staff recommended to strike the words "or higher (more restrictive)" phrase from sentence one. 8-8 There was discussion about the need for the Community Development Director and the Chairman of Planning and Zoning to be involved in correcting deficiencies of parking and landscaping. 8-9 Abandonment of a Nonconformity - In the first sentence, the time element of ninety (90) days was changed to one hundred eighty (180) days. Mr. Puska brought up the subject of people having garage sales more than four (4) a year. Chmn. Munsart adjourned the meeting at 10:10 pm. 4 (3/19/98 AB) /Ol'1. City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF LPA MEETING MIMJTES OF MEETING HELD � APPROVED AT MEETING HELD /4/w�.t-Cti. ISI . I 99 S 01 Go� E. ANN BRACK, RECORDING SECRETARY C- D TH,SECRETARY PZM, AF.DOC e00111N, WI CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 19.) 1998 Chmn. Munsart called the meeting to order at 7:08 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Munsart Ms. Vesia Ms. Kilkelly(a) Mr. Thomas Mr. Pliska Mr. Fischer EXCUSED ABSENCE: Mr. Mather, Mr. Schulke ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Munsart announced that Ms. Kilkelly will be voting in place of Mr. Mather. APPROVAL OF MINUTES: (Reg. 1/8/98, LPA & Reg. of 1/15/98) Chmn. Munsart pointed out a typo on page one (1). MOTION by Fischer/Thomas I make a motion that we approve the January 8, 1998 regular meeting. A 'voice vote was taken. 6 - 0 motion carried. MOTION by Fischer/Thomas I make a motion that we approve the regular meeting minutes of the LPA for January 15, 1998. A voice vote was taken. 6 - 0 motion carried. MOTION by Thomas/Fischer I move to accept the meetings of the regular minutes of January 15, 1998. (Should have said "minutes of the regular meeting"). /'p'N PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 A voice vote was taken. 6 - 0 motion carried. OLD BUSINESS: A. PUBLIC HEARINGS - Home Occupational License - 1049 Phelps Street - Elizabeth Griffin Chmn. Munsart noted that this is the second meeting that Ms. Griffin has not attended. MOTION by Fischer/Thomas I make a motion that we postpone it till the end of the meeting, and if she doesn't show up, she can re -file. A voice vote was taken. 6 - 0 motion carried. NEW BUSINESS: B. PUBLIC HEARINGS - Home Occupational Licenses: /0� 1. 103 Melton Avenue - Tim Decker - Charter Boat Service Mr. Tim Decker, 103 Melton Avenue, Sebastian, was present. There were twenty-one (2 1) notices of hearing sent out, and we received one (1) objection letter and no non -objection letters. The Secretary provided a copy of the objection letter to the applicant. Mr. Decker gave a brief presentation. He noted that the boat will be parked next to the house. Ms. King gave staff presentation, and noted that his personal fishing gear can be stored in the van or in the boat. She also noted that the Code requires adequate screening for the boat, either vegetation or a six (6) foot stockade -type fence from the view of the adjacent property, but the adjacent lot is vacant and heavily wooded. If in the future, that lot is cleared and a house is built, Mr. Decker would be required to provide some sort of screening for the boat. However, at this time, staff does not feel a fence is necessary. Chmn. Munsart opened and closed the public hearing at 7:17 pm, as there was no public input. It was noted by the Chairman that the P & Z secretary will send a letter of explanation to the person who wrote the objection letter. MOTION by Vesia/Fischer I make a motion that we approve the conditional use permit for Tim Decker, approval of a charter boat service, from 103 Melton Avenue, Sebastian. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 1921998 A voice vote was taken. 6 - 0 motion carried. 2. 188 Mabry Street - Teresa & Mark Griffeth - Cleaning Service Mr. & Mrs. Griffeth, 188 Mabry Street, Sebastian, were present. There were thirty-two (32) notices of hearing sent out and there were no objection or non -objection letters received. Mrs. Griffeth gave a brief presentation and noted that their home will be used only for phone calls. Ms. King gave staff presentation and recommended approval. Chinn. Munsart opened and closed the public hearing at 7:21 pm, as there was no public input. All questions from Board members were answered satisfactorily. MOTION by Pliska/Vesia I make a motion that we approve Tyco Cleaning for Teresa Griffeth, 188 Mabry Street, for an Occupation License for cleaning service. A voice vote was taken. 6 - 0 motion carried. 3. 202 Delaware Avenue - Kathy Iorio - Medical Transcription Service Ms. Iorio, 202 Delaware Avenue, Sebastian, was present. There were thirty-five (35) notices of hearing sent out and there were no objection or non -objection letters received. Ms. Iorio gave a brief presentation on her proposed business. Ms. King gave staff presentation and recommended approval. Chmn. Munsart opened and closed the public hearing at 7:25 pm, as there was no public input. MOTION by Vesia/Fischer I make a motion that we approve the conditional use permit for Kathy Iorio, Medical Transcription Service, at 202 Delaware Avenue, Sebastian. A voice vote was taken. 6 - 0 motion carried. 3 I""� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 4. 474 Azine Terrace - Rick Krulikowski - Pool Cleaning Service Mr. Krulikowski, 474 Azine Terrace was present. There were thirty-one (3 1) notices of hearing sent out, and there were no objection or non -objection letters received. Mr. Krulikowski gave a brief presentation and noted that he plans on doing only pool cleaning, taking phone calls, mailings and paying bills from their home. In response to a question from Ms. King, Mr. Krulikowski responded that he will pick up needed chemicals each morning for each customer, with no storage at his home. He also noted that he drives a F-150 Ford Cargo -Van. Ms. King gave staff presentation and recommended approval. Chmn. Munsart opened the public hearing at 7:27 pm. with public input. Ms. Mildred Stalter, 202 Columbia Avenue, asked how many vehicles will be dispatched from this business and how it would impact the community. Mr. Krulikowski responded that there will be only one vehicle, his own. Ms. Stalter seemed satisfied with the response. Chmn. Munsart closed the public hearing at 7:29 pm. Mr. Thomas asked about acid, and the applicant responded that he only uses small quantities and picks them up each morning. MOTION by Fischer/Thomas I make a motion that we approve the Home Occupational license for The Pool Doctors of Indian River County, Inc., Mr. Rick Krulikowski, at 474 Azine Terrace, Lot 13, Block 488, Sebastian Highlands Unit 15. A voice vote was taken. 6 - 0 motion carried. 5. 110 Conover Avenue - Todd Owen - Lawn Maintenance & Hauling Mr. Todd Owen, 110 Conover Avenue, Sebastian, was present. There were forty-one (41) notices of hearing sent out, and there was one (1) objection and no non- objection letters received. The applicant had already received a copy of the objection letter. Mr. Owen noted that all of his equipment is stored at a warehouse off of CR 512, and he will only be using the telephone to receive calls, and he will advertise through the newspaper and phone book. Ms. King gave staff presentation and recommended approval. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 Chmn. Munsart opened and closed the public hearing at 7:33 pm, as there was no public input. MOTION by FischerfMomas I make a motion that we approve Todd Owen's Lawn Maintenance and Hauling for Kenneth Owen, 110 Conover Avenue, Lot 21, Block 563, Sebastian Highlands Unit 16. A voice vote was taken. 6 - 0 motion carried. 6. 1374 Scroll Street - Robert Powell - Tyger Tech (product brokerage) Mr. Powell, 1374 Scroll Street, Sebastian, was present. There were twenty-two (22) notices of hearing sent out and no objection or non -objection letters were received. Mr. Powell gave a brief presentation, and noted that his business will be done by computer. Ms. King gave staff presentation, noting that this is for an "address of convenience", mail, phone and general record keeping. Staff recommended approval. Chmn. Munsart opened and closed the public hearing at 7:35 pm, as there was no public input. MOTION by Vesia/Kilkelly I make a motion that we approve the conditional use permit for Tyger Tech, Robert Powell, doing business at 1374 Scroll Street, Sebastian. A voice vote was taken. 6 - 0 motion carried. C. PUBLIC HEARING - Conditional Use Permit - 1400 U.S. Highway #2 - Restaurant Seating - Liz Caldwell Staff noted that the applicant is not present, nor was her representative. It was noted that the same number of seats for the same site was approved for a previous business. The new owner is asking for the same conditional use. Staff also noted that the Health Dept. has limited this restaurant to fourteen (14) seats. Restaurant use requires one (1) space for every three (3) seats, which results in five (5) spaces needed at this site. Staff indicated that there are eight (8) spaces on the property. In response to a question from Harry Thomas about health issues, staff responded that those problems are not regulated by the City, but by the Indian River County Health Dept. Staff noted a f complaint about the septic tank at this site, and recommended that the applicant get a letter from the Health Dept. W PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 There were twenty-two (22) notices of hearing sent out and there were no objection or non - objections letters received. Chmn. Munsart opened and closed the public hearing at 7:42 pm, as there was no public input. MOTION by PliskaNesia I make a motion that we approve the Liz Caldwell Deli Restaurant at 1400 US 1, the conditional use permit, and with the findings and recommendations of staff, (items) 1, 2, 3, Article 16. Roll call: Mr. Thomas - yes Ms. Kilkelly(a) - yes Mr. Fischer - yes Mr. Pliska - yes Mr. Schulke - yes Ms. Vesia - yes The vote was 6 - 0. Motion carried. D. PUBLIC HEARING - Conditional Use Permit - 717 W. Fischer Circle - Guest House - Dan Duffell Mr. Duffell, 717 W. Fischer Circle, Sebastian, was present. There were twenty-one notices of hearing sent out and there were no objection or non -objection letters received. Mr. Duffell noted that he is building a guest house adjacent to his existing house, consisting of one bedroom, one and a half bath, kitchen and living area. Staff noted that a site plan is not required with a conditional use permit, and asked the Board to determine if this is the proper use of the land. Mr. Massarelli gave staff presentation and recommended approval with six (6) conditions, which are listed on page four (4) of the attached staff report. A correction was made to item d., the word "not" was inserted between shall and exceed. Mr. Thomas asked for the dimension/size of the lot, which was provided. Space for a driveway was discussed, as were easements. Mr. Thomas suggested that, in the future, some type of drawing is obtained for a request such as this one. Chmn. Munsart opened and closed the public hearing at 7:52 pm, as there was no public input. 6 f0* -,N PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 MOTION by Kilkelly/Fischer I move that we approve the conditional use permit for the Dan Duffell Guest House at 717 West Fischer Circle, including the conditions listed in the staff report, as amended. Roll call: Chmn. Munsart - yes Mr. Thomas - yes Ms. Kilkelly - yes Mr. Fischer - yes Mr. Pliska - yes Ms. Vesia - yes The vote was 6 - 0. Motion carried. E. Recommendation to City Council - SANDMINING PERMIT - Collier Creek Estates Subdivision - H. Adams Mr. Randy Mosby, Mosby and Associates, was present representing the applicant, and gave a brief presentation. He noted that the excess fill on this site that cannot be used on-site is the reason for this "Sandmining" special use permit. He then commented on the twelve (12) conditions listed in the staff report on page twelve (12), which is attached. There were several amendments made to these conditions. He objected to item k. in the staff report, and asked for more discussion on this issue of the restoration bond versus a compliance bond for damaged roads. Staff read from the Code on these issues. Mr. Mosby noted that he wishes to discuss the bonding issue and the amount with City Council, but would agree with the staff report at this point. Ms. Kilkelly opened discussion on item 3 Ld. of the staff report which referred to hours of operation. Staff reminded Mr. Mosby that no construction activities may be performed between the hours of 7 pm. and 7 am. per Code. Further discussion took place. It was determined to insert "sandmine" before the word `operation' in the first sentence of 31.d. Staff noted a change in paragraph 3 Lb. - after the words `approved in', insert "the construction drawings for the". There was discussion on proper ingress and egress routing for heavy hauling to and from this site. There was also discussion of developers arranging to keep the streets clear of excess dirt. Chmn. Munsart suggested that this could be another condition and added to the staff report. MOTION by Kilkelly/Fischer I'll make a motion that we recommend to City Council the mining special use permit for Collier Creek Estates, including the recommendations from the staff report, item 31, paragraph a. & b. on page eleven (11), as is; the second group of paragraphs, a. & b. as is; the third group, the following conditions - a. is okay, b. be amended to add "the construction drawings"; c. is as is; and d. amended to add the word "sandmine" operation; the hours of operation for sandmining operations, it should read "the hours of 7 /Ilft� sandmining operation shall be 7 am to 5 pm; e. is okay; as is f.; g. the same, objections have been withdrawn, so the paragraph is okay as is; h. okay; i. and j., k. is allright; and 1. In addition, Mr. Pliska's request for "the streets to be swept and maintained by the developer, within 500 feet (500') of the exits" - Item m. Roll call: Ms. Kilkelly Mr. Pliska Ms. Vesia The vote was 6 - 0. Motion carried. - yes Mr. Fischer - yes - yes Mr. Thomas - yes - yes Chmn. Munsart - yes AMENDMENT TO MOTION by FischerNesia I make an amendment to include sheets 6 of 13, Collier Creek Estates, Master Development Phasing Plan, drawn by Mosby and Associates, dated December, `96. Roll call: Mr. Pliska - yes Mr. Fischer - yes Ms. Vesia - yes Chmn. Munsart - yes Mr. Thomas - yes Ms. Kilkelly(a) - yes The vote was 6 - 0. Motion to amend carried. Under Old Business, Item A. MOTION by Kilkelly/Thomas I move that we deny the conditional use permit for Elizabeth Griffin, cleaning at 1049 Phelps Street. A voice vote was taken. 6 - 0 motion carried. CHAIRMAN MATTERS: Chmn. Munsart noted the list of expiring site plans, and asked if the list is up to date. Staff noted that it will be on the agenda for the next meeting. MEMBERS MATTERS: Ms. Kilkelly suggested that the Pledge of Allegiance be recited only at the regular Planning and Zoning Commission meeting, and dispense with saying it at the LPA meetings. The consensus was 5 for - 1 against, and Ms. Kilkelly was to talk with the City Manager about this. DIRECTOR MATTERS: Mr. Massarelli spoke about the new informational brochures on Home Occupations and Do's and Don'ts of Sebastian. He noted the distribution process of this information. He then suggested that similar brochures might be done for swales , and trees. 8 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 19, 1998 He then noted that the EAR approval has been received from DCA, and the transmittal hearing for the Comprehensive Plan is scheduled for March 4th. Chmn. Munsart adjourned the meeting at 8:43 pm. /0001) (2/24/98 AB) ,ao. lok City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-25& CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD FEBRUARY 19,1998 AMN APPROVED AT MEETING HELD APRIL 2. 1998 ANN BRACK, PZMAF.DOC