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HomeMy WebLinkAbout04061995 PZCity of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 AGENDA - REVISED PLANNING AND ZONING COMMISSION THURSDAY, APRIL 6, 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 February 2, 1995 5. NEW BUSINESS: a. Recommendation to City Council - Review of Applications - Unexpired Term Vacated by Mr. John Falke b. Public Hearing - Home Occupational License - Liz Macklin Dog Training - 126 Chaloupe Terrace - Elizabeth Macklin c. Public Hearing - Home Occupational License - Northeast Connection - 1573 Spinnaker Lane - Mark L. Smith d. Public Hearing - Home Occupational License - Shirley Evan's Lawn Service/Pressure Cleaning - 181 Delmar Street e. Recommendation to City Council - Rezoning and Change of Land Use of Tract F, Sebastian Highlands, Sebastian Christian Church e. Site Plan Review - Captain Hiram's Motel/Miniature Golf Course 7�0LL f. Recommendation to City Council - Rezoning and Change of Land Use - Parcel located at corner of U.S. A and Old Dixie Highway (10795 U.S. Highway 11) 6. OLD BUSINESS: 2nd Review of Proposed*Ordinance - Accessory Structures 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. BUILDING OFFICIAL MATTERS: Discussion - Mel Fisher's Museum Discussion - RM -8 District (Residential, Multi -Family - Medium Density) 11. ADJOURNMENT. �. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE 14� 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 CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. CITy '0F ,,S ,E,BASTIAN ~BASTIAN ZONING PLANNING COMMISSION APPROVED -"/-O APPROVED SUBJECT'tO PLANNING AND ZONING COMMISSION REGU ,,LAR MEETING .... AYRIL 6~ 1995 Chairman Thompson opened the meeting at 7:03 P.M. PRESENT: Mr. Munsart Mr. Shroyer Chmn. Thompson Mr. Goldstein Mrs. Brantmeyer Mr. Barnes Mr. Fischer Mr. Schulke ALSO PRESENT: Mr. Bruce Cooper, Director of Community Development/Building official Dorri Bosworth, Secretary ANNOYJNCEMENTS~ Mr. $chUlke will be voting in place of Mr. Falke, whose position is vacant. On March 28, 1995, Chmn. Thompson signed for a shed permit for Christ the King Lutheran Church on Fellsmere Road to put a pre- fabricated shed on an existing 160 sq. ft. concrete slab. On April 6, 1995, Chmn. Thompson signed a minor modification to Walmart's site plan at 2001 U.S. Hwy. #1 to approve a fence to go around the retention lake on the property. Mr. Schulke announces he has a conflict of interest with the site plan review of Captain Hiram's Hotel & Miniature GOlf Course. His employer is the engineer of record, and he has done some of the work on the project. He will be filing a Form 8B, which will be filed with the minutes of the meeting. AppROVAL.OF MIN~TES~ Mr. Fischer made a motion to approve the minutes of the regular meeting of December 15, 1994, as presented. Mr. Munsart seconded the motion. A voice vote was taken, 7-0 minutes were approved. P...LANNI~G AND ZONING.. ~.0MMISSION REGULAR MEETING OF APRIL 6., ~995 PAGE TWO Mr. Fischer made a motion to approve the minutes of the regular meeting of February 2, 1995, as presented. Mr. Munsart also seconded the motion. A voice vote was taken, 7-0 minutes were approved. NEW BUSINESS,:,, RECOMMENDATION TO CITY COUNCIL - REVIEW OF APPLICATIONS FOR VACANT UNEXPIRED TERM Chmn. Thompson advised the Board that Mr. Falke's regular term expires June 1997, and that Section 20A-11.3.A.(5).2 discusses vacancies and reappointments. The Board will be reviewing the applicants, and if it chooses to, it can make a recommendation to City Council, subject to the Council's own review of the applicants. The Board reviews the five applicants, two of who are the current alternate members. Mr. Shroyer nominated Mr. Joseph Schulke, 1st alternate, to fill Mr. Falke's vacant position. Mr. Barnes nominated Ms. Shirley Kilkelly to fill the position. A vote was taken: Mr. Fischer - Schulke Mr. Barnes - Kilkelly Mr. Goldstein - Schulke Chmn. Thompson - Schulke Mr. Shroyer - Schulke Mr. Munsart - Schulke Mr. Schulke - Schulke Mr. Schulke accepts the nomination. Mr. Barnes made a motion that the P & Z Commission recommend to the City Council the appointment of Joseph Schulke to the position of regular member vacated by Mr. John Falke, expiring June 1997. Mr. Fischer seconded the motion. A voice vote was taken, 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE -- LIZ MACKLIN DO~ TRAINING - 126 CHALOUPE TERRACE The applicant previously advised staff she could not be present at tonight's meeting. Mrl Fischer made a motion to table the application for Liz Macklin Dog Training at 126 Chaloupe Terrace to the next meeting. Mr. Munsart seconded the motion. Voice vote was taken, motion carried. PLANNI.~G AND ZONING COMMISSION REGULAR MEETING OF APRIL 6,1995 PAGE TH~E Ail remaining applicants are sworn in according to the quasi- judicial public hearing procedures. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1573 SPINNAKER LANE - MARK L. SMITH The applicant, Mark L. Smith, is present, and states he lives at 1573 Spinnaker Lane. The public hearing is opened at 7:31 P.M. There were 13 notices sent out with 1 objection letter received back. Mr. Cooper asks the applicant to verify that the equipment will be stored inside the house in the utility room and transported to job sites in the back of his pick-up truck, with the equipment not visible, being below the walls of the truck bed. Mr. Smith states yes. Mr. Cooper asks about the equipment Mr. Smith is 'g°ing to use. Mr. Smith states he has a 1500 psi portable pressure cleaning machine and approximately 100 feet of water and pressure hoses. Also, a 6-foot ladder. Mr. Cooper asks if Mr. Smith plans on moving this equipment in and out of the truck every day? Mr. Smith states yes, but only the machine. Staff has no objections. The public hearing was closed at 7:35 p.m.. Mr. Schulke notes the application lists two vehicles, a truck and a van, and reminds the applicant that only one vehicle may be used for the business. Mr. Smith states only the truck is going to be used. Mr. Barnes made a motion to approve the home occupational license for Mark L. Smith doing business as Northeast Connection at 1573 Spinnaker Lane. Mr. Goldstein seconded the motion. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 181 DELMAR- SHIRLEY EVANS - LAWN SERVICE & PRESSURE CLEANING The applicant, Shirley Evans, is present, and states she lives at 181 Delmar Street. The public hearing is opened at 7:40 p.m,. PLANNING. AND...ZONING COMMISSION REGULAR MEETING OF APRIL 6, 1995 There were 26 notices sent out with 2 objection letters received back. Mr. Cooper asks the applicant to verify who will be operating the business. Ms. Evans states herself, and no one else is employed or helping her. Currently she is doing lawn service only for mobile homes and plans to buy equipment for the pressure cleaning business if her application is approved. Mr. Cooper states there was some concern that some one else may be involved in the business that doesn't reside at the house. Ms. Evans states her husband, in some instances, may be helping her, but she has no other relatives even living in the area that would be involved. Ms. Evans states her mower stays in the back of her truck, which has a cab on it. She has a ramp for moving the mower in and out that is kept in the truck also. Any maintenance on the mower is done somewhere else. She appreciates the quietness and cleanliness of her street and in no way would jeopardize that. Staff has no objections. The public hearing was closed at 7:44 p.m. Mrs. Brantmeyer asks if this business will be only for mobile homes? Ms. Evans states yes. Mr. Barnes asks what she does with the grass clippings from her cuttings? Ms. Evans states most of her jobs are done in Barefoot Bay and they have a special receptacle set up for grass clippings. Mr. Barnes made a motion to approve the home occupational license fOr Shirley Evan's Pressure Cleaning and Lawn Service at 181 Delmar Street' in Sebastian. Mr. Munsart seconded the motion. Roll call was taken. 7-0 motion carried. RECOMMENDATION TO CITY COUNCIL - REZONING AND CHANGE OF LAND USE FOR TRACT F, SEBASTIAN HIGHLANDS- SEBASTIAN CHRISTIAN CHURCH A Legal Notice was placed in the Vero Beach Press Journal for this agenda item. Staff reviews the memo the Board received today which reviews Sections 20A-11.6C and 20A-ii. SC of the Land Dev. Code regarding zoning and land use amendments and whether this proposed'amendment is consistent. ~.LANNING AND ZQNING COMMISSION REGULAR MEETING OF APRIL_.6, !995 PAGE FIVE Tract F, adjacent to Tract E, is owned by the church and is currently zoned PS (Public Service). Except for Tract F and Pelican Island School, all surrounding properties are zoned RS-10 residential. Staff finds this proposal consistent with the Comprehensive Plan, referring to Policy 1-1.2.3 of Goals, Objectives, and Policies. Mr. Cooper sees no transition problems. Churches are permissible by conditional use within both districts. The Church's plan is to subdivide three lots in the northeast corner which, when sold, will help finance the new building. The minor subdivision will be brought before the Board after/if the rezoning and land use change is approved. Mr. Barnes would like to know where the new church will be located on the property? Mr. Cooper states it will be situated on both Tract E and Tract F, with a portion of Tract F having single-family residences. There was no public input. Mr. Fischer made a motion that the Planning and Zoning Commission make a recommendation to City CounCil to approve the re-zoning and change in land use proposal of Tract F, Sebastian Highlands, for Sebastian Christian Church as requested. Mr. Barnes seconded the motion. Mr. Goldstein requests a change of motion to include that the Board adopts staff's memorandum dated 4/6/95 as Findings of Fact. Mr. Barnes seconded the change to the motion and Mr. Fischer accepted the change. Roll call was taken. 7-0 motiOn was approved. Recess was taken at 7:58 p.m. The meeting resumed at 8:12 p.m. and all members were present. SITE PLAN REVIEW - CAPTAIN HIRAM;S HOTEL/MINIATURE GOLF COURSE CONDITI.Q~AL USE PERMIT: Chmn. Thompson indicated the hotel was a conditional use within the GMC zoning district and as such required a public hearing, which he opened at 8:14 p.m.. At this time Mr. Schulke stepped down from the Commission because of his conflict of interest, as previously discussed. Mr. Cooper stated that Hiram's 4-unit motel on .the east side of indian River Drive was previously approved for a conditional use permit but, the permit is not carried over to include the new proposed hotel on the west side of the property. He states, PLANNING AND ZONIN~ COMMISSIQ~ ~EGULAR..~EETING OF APRIL 6. 1995 ~AGE SIX however, staff overlooked Sending'out the public notices for the hearing and requests that the public hearing be continued to the next meeting. The site plan can be approved conditionally upon the conditioaal use permit being granted. The conditional use permit for a hotel in the GMC zOning district must meet the following criteria: (1) the facility should comply with applicable regulations of the State Division. of Hotels and Restaurants, and (2) all side and rear yards abutting residential districts or uses should be screened in accordance with Section 20A-10.2(F) of the LDC. The properties to the north and south of the proposed hotel are zoned CRR. This criteria will be discussed at the public hearing when the conditional use permit application is reviewed. The submitted site plan will be used in reference with regards to the screening requirements. Chmn. Thompson continued the public hearing until the April 20th, 1995 meeting. SITE PLAN REVIEW:.. Mr. Cooper reviews the basic details of the proposed 4-story, 80 unit hotel and 18 hole miniature golf course. Masteller & Moler, consulting engineers, have also reviewed the proposal and have submitted comments along with their approval. There was some concern expressed regarding allowing a 4-story building in the zoning district. The City's requirement of maximum building height of 35 feet does not specify how many stories the building has to be. The proposed hotel complies with the building height criteria. Mr. Schulke gave all board members new revised plans dated 4-6-95. The revised plans have the proposed golf course buildings indicated, proposed lighting for the parking lots and pool area, revised landscaping calculations, and a separate handout with the breakdown of the impervious areas. Regarding the TRC report dated 3/19/95 and the new revisions, condition #1 (dumpster screening) has now been indicated, #3 (lighting) can be removed, and landscaping has been addressed adequately. The impervious area on the west property has been used for general marine commercial use and has some non-conformities. With the proposed site plan, and the increase in the impervious area, Article IX does not allow the non-conformities to continue. The site plan does address these items and does now meet the criteria of the LDC. PLANNING AND ZONING COMMISSION PAGE SEVEN REGULAR MEETING OF APRIL 6, 1995 Mr. Tom Collins, the applicant, addressed the Commission recapping the history of the project. He also reviewed the goals and objectives of the proposed parking layouts. Mr. Goldstein stated that because this was a quasi-judicial procedure he must disclose that he had discussed parking and miniature golf course plans in general with two other city planners and if the applicant so wished he would step down from further discussion. The applicant stated that it wouldn't be necessary. Mr. Fischer asks how the height is regulated? Mr. Cooper states the actual submitted building plans will be engineer certified, and after the construction is finished the engineer must certify that the building is in accordance with the plans. Mr. Barnes discussed the proposed 10' X 30' sign on U.S. Highway #1. Mr. Munsart voices his concerns with the side walk partitions along U.S. #1. The site plan does not reflect any changes. Mr. Collins states he his aware that they need to be changed, especially to /00*1 accommodate wheelchairs. Chmn. Thompson discussed questions he had regarding the miniature golf course, handicapped parking for the course, signs, and the pavilion and picnic table. PARKING REVIEW: Staff discussed a memorandum dated 3/27 to the Commission regarding what the applicant is proposing for parking requirements. Two methodologies are reviewed by the applicant in the memo using peak demand on an hourly basis criteria. Shared parking is also discussed in the memo. Mr. Cooper reviews his charts which show parking requirements for each of the facilities, currently operating and proposed, without any shared parking credits, and a curve using parking percentages at different times of the day for each of the uses. Page three of staff's memo reviews certain "findings of fact" that will help determine if the proposed parking plan does in fact meet the LDC requirements. Staff discusses each of the items A through E. A survey was done f'nk1 with various other municipalities regarding Item B, parking spaces required for the miniature golf course. �, f� PLANNING AND ZONING COMMISSION PAGE EIGHT REGULAR MEETING OF APRIL 6, 1995 Chmn. Thompson reviews staff's findings of 269 required parking spaces needed if the party boats were allowed to operate after 6 p.m. By eliminating this operation in the evening hours, only 249 spaces are needed, which is proposed. Mr. Collins stated that Section 20A-8.3(7) recognized the concept of shared parking. He then reviewed the findings of his engineer doing his parking study and discussed the results, and discussed his opinions regarding mixed uses and shared parking for the business. Mr. Fischer asks staff where they got the figures for their charts from? Mr. Cooper states they came from the percentages used in Exhibit 9 and 14 of the back-up data provided by the applicant. The Commission must accept those percentages as being reasonable to accept the findings of facts. After discussion, the Commission agreed to use the percentages used in Exhibits 9 and 14. Mr. Barnes questioned Mr. Collins as to where they would come up with extra parking if the proposed operations were very successful? Mr. Collins stated extra parking was something they were discussing and looking into, but at this point he was comfortable with the spaces they were coming up with now. The Commission discussed how many parking spaces they were going to require for the miniature golf course. The consensus was to allow one parking space per hole. Mr. Shroyer felt 18 spaces was more than what will be actually needed. Mr. Barnes made a motion to extend the meeting for an additional 15 minutes. Mr. Fischer seconded the motion. Voice vote was taken. No objections, meeting extended. There was a small discussion on operating the party boats in the evening hours, and how it affects the required parking spaces at the 7 p.m. peak hour. Chmn. Thompson made a motion to approve the site plan for Captain Hiram's Inlet Marina West as shown on Knight, McGuire & Associates drawings, sheets 1,2,3, and 4 of 4, all signed, sealed, and dated 4/6/95. The Planning and Zoning Commission accepts the staff's parking calculations based on data provided in Exhibit 9 and 14 in the applicant's parking study, agreeing that the party boats will not be operating after 6 p.m., and that item #2 in the TRC report dated 3/29/95 be considered. Also, the handicapped curb cut should be provided along U.S. Highway #1. This approval is contingent upon the Conditional Use Permit being granted. Mr. Goldstein seconded the motion. f°I PLANNING AND ZONING COMMISSION PAGE NINE REGULAR MEETING OF APRIL 6, 1995 Roll call was taken. 7-0 site plan was approved. (Mrs. Brantmeyer voted in place of Mr. Schulke, who had stepped down with conflict of interest. Form 8B is on file.) All items remaining on the agenda will be tabled to the next regular meeting. The meeting was adjourned at 10:11 p.m. FORM 8B MEM, RANDUM OF-VOTIN i CONFLICT FOR .,""' ': COUNTY, MUNiCIffi ., AND ..OTHER LOCA I UBLIO OFFICERS' LAST NAMe--FIRST NAME--MIDDLE NAME NAME OF' RO~,~i~"'~bNclL. commIssIon.' AUTHORITYeOR COMMITTEE MAILIN(} ADDRESS CITY COUNTY THE BOARD. COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEli SERVE IS A UNIT OF: · ' COUNTY I ! OTHER LOCAL AGENCY '~E OF POLITICAL SUBDIVISION: ;. ] ELECTIVE T WHO MUST FILE FORM 8B This form is for use. by any person serving at the county, .city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally ~to members ~f advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it i'r~ making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will v~ry greatly depending on whether you hold an elective or appointive position. For this reason, please' pay close attention to the inslru,ctions on this form before completing the reverse side and filing the form. INSTRUOTIONS FOR OOMPUANOE WITH SEOTION 112.3143, FLOR!DA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining frOm voting; and WITHin 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise ma), participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION pRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt Io influence the decision) with the person responsible recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. ' ~ · The form should be read publicly al the meeting prior to consideration of the matter in which you have a conflict of interest. 111.#6 PAOE I Yot~ should disclose orally the nature of your conflict in the 'measure before participating. ~U should complete'the form and' file it within I $ days after the vote occurs with the person ~'esponsible for recording the minutes the.meeting, Who should incbrPbrate the' form in the minutes. ' " DISCLOSURE OF STATE ,OFFIOER'S INTEREST i, ~~~~~l~, hereby disclose that on ~//~, 'G~, ~/'~O. . (a) A measure came or will come before my agency which (check one) , 19..~q~-: inured to my special private gain; or · inured to the special gain of _ . i~ /,~v~ , by w.hom I am retained, (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed scICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED LOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MoRE OF THE FOLLOW.ING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE CE FORM 8B - 10.86