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HomeMy WebLinkAbout03191998 PZ/ak1 /0061\ CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF MARCH 19, 1998 Vice Chmn. Schulke called the meeting to order at 5:07 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Ms. Kilkelly Mr. Thomas Mr. Pliska Mr. Fischer Ms. Vesia VChmn. Schulke Mr. MacWilliam EXCUSED ABSENCE: Chmn. Munsart Mr. Mather ALSO PRESENT: Robert Massarelli, Community Development Director Tracy Hass, Planner II Ann Brack, Recording Secretary NEW BUSINESS: 1. LAND DEVELOPMENT CODE REVISIONS - Continuation of draft review. Article IX, Concurrency Management. Mr. Massarelli reported that after a meeting with Les Solin of Solin and Associates, they discussed Transportation, and concluded that existing platted areas be assigned a numerical factor for existing capacity and demand, thereby making it necessary to keep track only of new subdivisions and site plans. He also noted that he will be making a recommendation to the City Manager that a traffic engineer consultant be brought in to confirm those numbers. He also noted that Barber St. and Schumann Dr. were areas of concern. He then welcomed the new Commission member, Kevin MacWilliam, as did the other Commission members. Mr. Massarelli explained the required procedures relating to the Comprehensive Plan for every five (5) years. He also offered information on dealing with DCA, and taking their objections seriously, and the need to update the Land Development Code. Mr. Thomas noted that revised Articles do not have revision dates on them. Mr. Massarelli responded that the next set provided will not have the revision dates, but thereafter, (4q*� they will, and he noted that he has the discs with everything on them. He also commented that from now on this Board will be fine-tuning the LDC. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MARCH 19, 1998 Mr. Thomas asked if there would be a revision page in the front of the book and staff responded - no, because there is just not time to do that. Ms. Kilkelly mentioned a table received from Mr. Solin in October of 1997 listing all of the existing paragraphs and sections, with a comparison made to the new versions. ARTICLE XI, ENVIRONMENTAL PROTECTION Section 3.11.1 - Preservation of Wetlands and Transitional Wetlands, and Mr. Massarelli suggested referring to the Florida Statute (chapter and verse) and following their requirements. The subject of upland buffer was discussed, and the following was suggested for the last sentence: "The boundary of an upland buffer area shall be established by, and be consistent with St. John's River Water Management District permitting standards", and strike "field investigation". "Conservation Easement" was discussed, and after lengthy discussion, it was determined by consensus to continue to use the work "may"- the consensus was 5 - for "may", 1 for "shall", and 1 - undetermined. Section 3.11.2 - Soil Erosion and Sedimentation Control, was discussed. The use of silt screen t0041 to protect swales was discussed, as well as protection of adjacent improved properties. It was agreed by consensus (7 - 0) that infringing on adjacent property is prohibited during construction, either residential or commercial, and the technique to prevent this must be included on the site plan. There was also discussion on the subject of how a builder would restore a 6 ft. drainage/utility easement on an adjacent property, and VChmn. Schulke suggested that in this instance, the builder or contractor should be required to restore it to its original condition, with the same type of sod, etc. Section 3.11.3 - Topography and removal/retention of soil on a site being developed were discussed. It was determined that in item B.1., the word "Protection" be replaced with "Preservation". There were spelling and typo corrections made, also. VChmn. Schulke postponed the remainder of the meeting at 6:30 pm, and announced that it will resume after the regular Planning and Zoning Commission meeting. VChmn. Schulke recalled the meeting back to order at 7:55 pm. All members previous in attendance were present. Section 20A-3.11.4: Coastal Resource Impact Analysis - It was suggested to include "For applicants for development other than single family lots, along the Indian River Lagoon, the St. Sebastian River and Collier Creek", and strike "lakes and waterways", as all are man-made, and only a few residential lots remain unimproved. Item B. - insert a reference to Article XIII, and strike the word "bulkheads" in the third paragraph. Insert the word "approved" before the word "devices" in the third paragraph, second line. Staff noted that vertical sea walls are not permitted. 2 /44bt LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MARCH 19, 1998 Item C. - Discussion to remove the word "city" in first paragraph. Consensus to agree. Item D. - Staff gave an explanation of "water -related" versus "water dependent" uses. Mitigation was discussed. Item E. - No changes. Item F. - Staff noted that this item needs more consideration. There was some discussion about item F.2., referencing no new marinas, and it was noted that there are only outstanding waters in Sebastian. Item G. - There was discussion of "point source" and whether on not it included boats. Item H. - Mobile Home Parks are in the Coastal High Hazard Area. Item I. - The first sentence was shortened. Item J. - No change. Item K. - Staff explained the recent change in this section according to a decision made by City Council, in reference to lands adjacent to Indian River Drive, instead of the ones on the east side. Item L. - 2. Eliminate "field investigation" in line 10. At this point, it was agreed to adjourn the meeting at 9:00 pm. Item L.2.d. - Insert the words "mainly native" in the third line, after "consist of....". Item L.3 - Staff explained the different "classes" of water. Item M. - No discussion. Section 20A-3.11.5 - Wildlife Habitat Preservation and Protection of Flora and Fauna - Mr. Massarelli indicated that he would prefer to double-check this Section to see if it is mandatory, or if it can be left to the Fish and Wildlife Service. Section 20A-3.11.6 - Floodplain Protection - There was a brief discussion of FEMA. Section 20A-3.11.7 - Hazardous Waste Storage and Disposal - It was determined to strike "transitional wetlands". Section 20A-3.11.10 - Conservation of Potable Water Supply - (001� Item 3. - Change the percentages to 50%, instead of 30% and 70%, for groundcover and shrubs. 3 G fM ' LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MARCH 19, 1998 Section 20A-33.11.9 - Irrigation Wells - There was a change to indicate Indian River County Health Department on lines 4 and 5. Mr. Massarelli suggested calling a special meeting to get through a few more Articles such as Stormwater Management, Tree Protection, Sign Ordinance and Parking Ordinance. There were several Articles which needed to be supplied to the Commission members for the next meeting. VChmn. Schulke adjourned the meeting at 9 pm. 4 (5/14/98 AB) /'\ ,,,,, OQ� 0 EUV n(yILAN City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561 ) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION [..P4 MINUTES OF MEETING 111 MINUTES OF MEETING HELD 1� l `) g ? APPROVED AT MEETING HELD aI I g ri . �E. i./i7 1 � E. ANN BRACK, SECRETARY 00mok PZMARDOC 9 ' t_ N CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 19, 1998 Vice Chmn. Schulke called the meeting to order at 7:03 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: Ms. Kilkelly(a) Mr. Pliska Ms. Vesia Mr. MacWilliam(a) Chmn. Munsart Mr. Mather Mr. Thomas Mr. Fischer V Chmn. Schulke ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Tracy Hass, Planner II Ann Brack, Recording Secretary ANNOUNCEMENTS: Acting Chmn. Schulke announced that Mr. MacWilliam will be voting for Mr. Mather, and Ms. Kilkelly will be voting for Chmn. Munsart. APPROVAL OF MINUTES: (Reg. 2/5/98 and 3/5/98, and LPA 2/19/98) Ms. Kilkelly noted a correction on page six (6), indicating "one-third owner..." instead of `a third owner'. MOTION by Fischer/Vesia I make a motion that we approve the minutes of February 5th, 1998, of the regular meeting, as amended. A voice vote was taken. 7 - 0 motion carried. MOTION by Fischer/Vesia I make a motion to approve the minutes of the regular meeting of March 5, 1998. A voice vote was taken. 7 - 0 motion carried. c W e""� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 19, 1998 Ms. Kilkelly noted two changes on page three and one on page four - paragraph 7-29 to 7-25; paragraph Affordable Housing numbered 7-26; paragraph 8-9 to 8-8. MOTION by FischerNesia I make a motion to approve the LPA meeting of February 19, 1998, with amendments. A voice vote was taken. 7 - 0 motion carried. OLD BUSINESS: None NEW BUSINESS: A. PUBLIC HEARINGS - Home Occupational Licenses: 1. 1633 Addie Street - Susan Baker - Cleaning Service Ms. Susan Baker, 1633 Addie Street, Sebastian, was present. There were thirty notices of hearing sent out and we received no objection or non -objection letters. Ms. Baker gave a brief presentation on her request for a license to operate a cleaning service. Ms. King gave staff presentation and recommended approval. Acting Chmn. Schulke opened and closed the public hearing at 7:11 pm, as there was no public input. MOTION by Thomas/Fischer I move that we approve the home occupational license under the name of White Glove Cleaning Services, with Susan Baker, at 1633 Addie Street. Roll call: Mr. MacWilliam - yes Mr. Thomas - yes Mr. Fischer - yes V. Chmn. Schulke - yes The vote was 7 - 0. Motion carried. Ms. Kilkelly(a) - yes Mr. Pliska - yes Ms. Vesia - yes 2. 730 Kroegel Avenue - George Boyd - Residential Contractor Business Mr. George Boyd, 730 Kroegel Avenue, Sebastian, was present and gave a brief presentation. There were twenty-seven (27) notices of hearing sent out and we received no objection or non - Fa PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 19, 1998 objection letters. Ms. King gave staff presentation and recommended approval. Acting Chmn. Schulke opened and closed the public hearing at 7:15 pm, as there was no public input. There was discussion on coordination of Mr. Boyd's State pending license and the home occupational license. MOTION by Fischer/Kilkelly I make a motion that we approve the home occupational license for GRB Construction, Incorporated, Mr. George Boyd at 730 Kroegel Avenue, for Lot 4, Block 92, Sebastian Highlands Unit number 2. Roll call: Mr. Thomas - yes Mr. Fischer - yes V. Chmn. Schulke - yes Ms. Kilkelly(a) - yes The vote was 7 - 0. Motion carried. Mr. Pliska - yes Ms. Vesia - yes Mr. MacWilliam - yes 3. 119 Harris Drive - Nick Hufnagle - Lawn maintenance and Handyman Mr. Huf u*e, 119 Harris Drive, Sebastian, was present. There were seventeen (17) notices of hearing sent out and there were no objection or non -objection letters received. Mr. Hufnagle gave a brief presentation. Ms. King gave staff presentation and recommended approval. Acting Chairman Schulke opened and closed the public hearing at 7:21, as there was no public input. MOTION by Thomas/Fischer I move that we grant the home occupational license for Nick Hufiiagle, handy service applicant, Nick Hufnagle at 119 Harris Drive, Lot 27, Block 552, Unit 16. Roll call: Ms. Kilkelly(a) - yes Mr. Thomas - yes Mr. Pliska - yes Mr. Fischer - yes Ms. Vesia - yes Acting Chmn. Schulke - yes Mr. MacWilliam - yes 3 W PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 19, 1998 The vote was 7 - 0. Motion carried. 4. 129 Caprona Street - Beverly Thibedeau - Bookkeeping Service Ms. Beverly Thibedeau, 129 Caprona. Street, Sebastian, was present and gave a brief presentation. There were fifteen (15) notices of hearing sent out and there were no objection or non -objection letters received. Ms. King gave staff presentation and recommended approval. Acting Chmn. Schulke opened and closed the public hearing at 7:25 pm, as there was no public input. MOTION by Vesia/Kilkelly I make a motion that we approve the home occupational license for Beverly Thibedeau, doing business at Beverly Thibedeau Services at 129 Caprona Street, Sebastian. Roll call: Ms. Kilkelly(a) - yes Mr. Pliska - yes Ms. Vesia - yes Mr. Thomas - yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS: MEMBERS MATTERS: Mr. Fischer - yes Acting Chmn. Schulke - yes Mr. MacWilliam - yes Mr. Pliska inquired about his request for code enforcement regulation from California, and staff noted that this will be brought to the next meeting. Ms. Vesia read an article from the Press Journal about an article in the Chicago Tribune on Sebastian in 1948. Mr. Pliska asked about a discussion on what is continuous and what is not pertaining to hedgerows. Staff noted that it should take place in April. Acting Chmn. Schulke commented on the letter from Dorri Bosworth, Secretary, that was included in tonight's packet. He wished her well, etc.. DIRECTOR MATTERS: Mr. Massarelli wished the best of luck to Dorri. 4 W l� IAI� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 19, 1998 He then introduced staff members to new Commission member, Mr. MacWilliam, and explained what areas are covered by the various staff members. Ms. King referred to the minutes of February 5, 1998, under public hearings on page 2, 925 Beach Lane, Amato J. Daniele. She noted that there seemed to be some confusion about what type of occupational license Mr. Daniele was applying for. She explained that Mr. Daniele indicated more clearly on a revised "letter of intent" that he was applying for "Handyman" license, and also wanted to be able to do pressure cleaning. She noted that there would be no changes in his supplies or equipment, and this is just a clarification. MOTION by Kilkelly/Fischer I move that we reconsider the conditional use permit for a home occupation for Amato J. Daniele. Roll call: Mr. Pliska - yes Acting Chinn. Schulke - yes Ms. Vesia - yes Mr. MacWilliam - yes Mr. Thomas - yes Ms. Kilkelly(a) Mr. Fischer - yes The vote was 7 - 0. Motion carried. There was a discussion about whether this issue should be re -advertised, and it was determined not to be necessary. MOTION by Pliska/Fischer I make a motion that we approve the conditional use permit for home occupational license for Amato J. Daniele, as Handyman Service, 925 Beach Lane, Sebastian, for handyman service and pressure cleaning. Roll call: Mr. Puska. Ms. Vesia Mr. Thomas Mr. Fischer Discussion: - yes Ms. Kilkelly(a) - yes - yes Mr. MacWilliam - yes - yes Acting Chinn. Schulke - yes - yes Acting Chinn. Schulke noted that the DPR form that was signed by the applicant is less restrictive than the city codes, and needs to be looked at. Staff agreed and indicated that they will check into this issue. Mr. Thomas inquired about a neon light along U.S. 1 in the new chicken and rib restaurant, and staff gave him an explanation. Mr. Pliska inquired about the signs on Mr. Taylor's property on Indian River Drive, and about the 5 �. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 19, 1998 type of stone to be used as a retaining wall on the waterfront. Mr. Massarelli noted that he has not received any information on the type of stone to be used. But he reported that the signs installed by Mr. Taylor were installed wrong, and in addition, Mr. Taylor has installed several other signs without a permit. He indicated that enforcement action will be taken, but an enforcement officer must be accompanied by a police officer. He also noted that there are construction violations at that site, and the Fire Department is involved. A survey stake or survey marker has been pulled up, which may be illegal. ATTORNEY MATTERS: None Acting Chmn. Schulke adjourned the meeting at 7:48 pm. (4/7/98 AB)1 (PZ31998) 6 f0� 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 REGULAR MEETING MINUTES OF MEETING HELD March 19, 1998 110' APPROVED AT MEETING HELD April 16, 1998 E. ANN BRACK, SECRETARY PZMAF.DOC