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HomeMy WebLinkAbout03181999 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 18, 1999 Chron. Schulke called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL C,a4~; PRESENT: EXCUSED ABSENCE: ALSO PRESENT: Mr. Mehoney(a) Mr. Mather Mr. Barrett Ms, Vesia Mr, Evely(a) Mr, Gerhold Chmn. Sc, hutke Scott Mathis and VCh. Pliska Tmcy Hass, Growth Management Director Jan King, Growth Management Manager Richard Stringer, City Attorney Ann Breck, Recording Secretary ANNOUNCEMENTS: Chmn. Schulke announced that Mr. Mahoney(a) and Mr. Evely(a) will be voting in:place of Mr, Mathis and VCh, Pliska who are excused tonight. APPROVAl. OF MINUTES; (3/4/99) MOTION by Barrett/Mather Move the approval of the minutes from March 4, 1999. Roll call: Mr. Evely(a) - yes Mr. Mahoney(a) - yes Ms. Vesia - yes Mr. Mather - yes Mr. Gerhold - yes Mr. Barrett - yes Chmn. Schulke - yes The vote was 7 - 0. Motion carried. OLD BUSINESS: None PLANNING AND ZONING COMMISSION MINUTS OF REGULAR MEETING OF MARCH 18, 1999 NEW BUSINESS: A. PUBLIC HEARING - Home Occu~onal License - 485 Azirm Terrace - Dale C. Higgins -Welding Service Mr. Dale Higgins, 485 Azine Terrace was present and, along with Jan King, was sworn in by the Chairman at 7:03 pm. There were thirty-six (36) notices of headng sent and there were no objection or non- objection letters received. Mr. Higgins gave a bdef presentation on his propo~ mobile welding service. Jan King gave staff presentation, noted an address of convenience, and recommended approval. Chmn. Schulke opened and closed the public hearing at 7:05 pm, as there was no public input. MOTION by Mather/Vesia I make a motion that we approve Certified Mobile Metalworks for Dale Higgins at 485 Azine Terrace. Roll call: Mr. Mather - yes Mr. Barrett - yes Ms. Vesia . yes Chmn. Schulke - yes Mr. Evely(a) - yes Mr. Mahoney(a) - yes Mr. Gerhold - yes The vote was 7 - 0. Motion carded. B. PUBLIC HEARING - Model Home Permit Renewal - John Uoyd Builders, Inc. - 1695 Barber Street Ms. King indicated that when considering a model home renewal, typically the agent is not required to appear unless special circumstances exist. There were twenty-one notices of hearing sent and there were no objection or non- objection letters received. Ms. King gave staff presentation, indicated there had bean no code violations during the past year, and recommended approval for a year. PLANNING AND ZONING COMMISSION MINUTES Of REGULAR MEETING'OF MARCH 18, 1999 MOTION by Barrett/Mather Motion to approve John Lloyd Builders' extension for a model home permit for next year. Roll call: Ms, Vesia - yes Chin. Schulke - yes Mr. Gerhold - yes Mr. Mahoney(a) - yes ' Mr. Evely(a) - yes Mr. Mather - yes Mr. Barrett - yes The vote was 7 - 0. Motion carried. C. REQUEST FOR CHANGE TO PHASING SCHEDULE - Collier Creek Estates Subdivision - H. D. Adams & Associates Mr. John King, 103 Hart)or Point Ddve, with RealtyKing, representing Adams & Associates was present and gave a bdef presentation. Mr. Hass gave staff presentation. Questions by Board members were answered satisfactorily. MOTION by Mather/Vesia I'll make a motion that we approve the amendment for the phasing of Collier Creek. Roll call: Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Evely(a) - yes Mr. Mather - yes Mr. Gerhold - yes Chmn. Schulke - yes Mr. Barrett - yes The vote was 7 - 0. Motion carried. D. Public Hearing - Conditional Use Permit - Boat Rentals (Tour Boat) - Paradise Marina - 1109 Indian River Drive - MCR Zoning Mr. Damien Gilliams, 1623 U.S. 1, Sebastian was present. Ms. Ruth Sullivan, Mr. Jim Hankins, Mr. Tracy Hass, and Mr. Gilliams were sworn in by the Chairman at 7:15 pm. There were seven (7) notices of hearing sent and there were no objection or non- objection letters received. Mr. Gilliams gave a presentation for a conditional use permit for a Tour Boat business. Tracy Hass gave staff presentation and called attention to the parking issue. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 18, 1999 Mr. Hass also noted the conditions listed in the staff report. He made a correction on page three (3), last line - change the number 5 to 3 - not to exceed _3 passengem, He then commented that, on page four (4) of the Staff report, paragraph #15, that the comment "...conditional use permit is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances." is controversial and deferred this issue to the City Attorney. Atty. Stringer noted the uses permitted under MCR zoning under conditional uses are boat rentals; under General Marine Commercial, madne related services are listed. He indicated that GMC probably more closely fits this request. He then gave infOrmation about a previous case that was very similar, with a different inttarpretation. This case was appealed to the City Council, and, based on the opinion of the City Attorney serving at that time, opined that it is a boat rental, that you are renting one seat at a time. He then noted that the Governing Body makes the ultimate interpretation of these, terms as long as it is not capricious. He also noted that this interpretation is on the books and makes a precedent for the case before us tonight, and only City Council could reverse its own ruling. As Mr. Hass was finishing his staff presentation, he noted that a restroom must be provided for employees and customers at this site. He also referred to the four (4) conditions on page four (4). Chmn. Schulke opened the public headng at 7:29 pm. Ms. Ruth Sullivan, 1215 Indian River Drive, Sebastian, was present and questiormd the shortage of parking. She noted that she has no problem with the use, just the parking, and asked that this Board enforce the zoning regulations. Mr. Jim Hankins, owner of the Lady Dolphin, commented that he is happy to see.another tour boat on Indian River Ddve. He stated that" I'm happy to share my parking with him". Chmn. Schulke closed the public hearing at 7:31 pm. Mr. Gilliams made further comments. He stated'that he "has no intention to., use the buildings..." on this property, only the cabana (ticket booth) so he can pay some bills. Jan King noted that an occupational license has already been approved fOr this property as a marina. Mr. Gilliams responded that he applied fOr it but never picked it up. MS~ King responded that she would have to check with the City Clerk's office. Mr. Gilliams responded that he does not intend to use it. There was discussion about the proposed parking lot that is on the site plan. There was also discussion on whether or not a tour boat could work from this site without a license for a "marina". PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING Of MARCH 18, 1999 Chmn. Schulke noted that the required restroom is in the marina building. Mr. Hass noted that the area of the cabana was calculated as the area to handle the rental of the tour boat. Mr. Barrett, suggested that if a limit of twenty-seven (27) passengers is established, one (1) employee is utilized, and considering the square footage of the cabana, would that not fit within the existing eleven.(11) parking spaces. Mr. Hass responded that it would. In response to a question from Chmn. Schulke,. Atty. Stringer noted that the applicant would have to come back before P & Z because the parking was part of an integrated site plan that was approved for the raw bar. So if he activates the raw bar, that is an approved site plan including the parking. But that doesn't account for the parking for this (tour boat) use. This would mean that at such time as other Occupational Licenses are activated, he would have to come back before this Commission. (Stringer) suggested: it would be approval conditioned on the surrender of any existing occupational licenses or - conditional on him having no other commercial use on the site except for the charter boat until such time as he provides adequate parking, (Barrett) and that the limitation of the charter boat business be restricted to no more than. twenty- seven (27) passengers, in the interim. Motion by Barrett: I'll make a motion conditioned upon Mr. Stringers' and my words being cohesed (Stringer) That would include voiding out any occupational license that may have been issued for the marina. (agreed) (Chmn. Schulke) We are deleting Tracys conditions #1 thru #3; we're keeping ~4, then we're going to be adding a condition that all previously approved and pending occupational license shall be withdrawn or revoked; and another condition we'll be adding- that's Mr. Stringers' condition and Mr. Barrett~'~ MOTION by Barrett/Mather The motion will be made to prOvide a conditional use permit (to Damien Gilliams- Leasee, Paradise Marina, at 1109 Indian River D#ve, Sebastian, FL) based on the conditions that the applicant revoke or rescind any occupational licenses or requests for same for additional uses to the property other than a charter boat rental, until such time that the applicant has provided sufficient parking to accommodate the additional approved uses of the property. And that the charter boat rental be restricted to no more than Coast Guard approved twenty-seven (27) passengers, and in keeping with all of the Health Department conditions as previously stated and included in the staff report. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 18, 1999 Mr. Hass noted that the Health Department in their previous review, had included five (5) conditions in the previous staff report, and these were not included in this staff report. The Health Department noted that their previous conditions still stood. Roll call was taken: Mr. Mahoney(a) - yes Mr. Evely(a) - yes Mr. Mather - yes Mr. Gerhold - yes Ms. Vesia - yes Mr. Barrett .- yes Chron. Schulke - yes The vote was 7-0. Motion approved CHAIRMAN MATTERS,; None MEMBER MATTERS: Mr. Barrett inquired about the aesthetics conceming accessory buildings and what proceSS would be required to change the code on this issue. Chmn. Schulke responded and the suggestion was made to bring it up under members matters for discussion for a recommendation to City Council. The Secretary noted that Scott Mathis will be absent for this meeting and the next. DIRECTOR MATTERS:.' None ATTORNEY, MATTER~,; Atty. Stringer commented about the division of parking lots on properties owned along the Riverfront. He noted that this area is very similar to a Commercial PUD. He suggested a small scale Commercial PUD type area where these integrated site plans can be used. He noted that he has seen a couple of site plans that meet this description, and we could make it legitimate by setting up this type area. Mr. Mather commented that this is the same as shared parking. Mr. Mahoney suggested changing the area of a Commercial PUD from twenty, five (25) acres to a more reasonable size for the Riverfront. There was consensus from the Commission members, 7 - O, for Atty. Stringer to proceed with this suggestion. Atty. Stringer noted that City Council approved Fischer's Self-Storage Facility that .was recommended for approval by this Board. The only change was doing the buffering in the front instead of the back. Chmn. Schulke adjourned the meeting at 8:32 pm. (3/22~g AB) 6