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Home My WebLink About04201995 PZCity of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, APRIL 20, 1995 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular Meeting of April 6, 1995 Regular Meeting of February 16, 1995 5. OLD BUSINESS: a. Public Hearing - Home Occupational License - Liz Macklin Dog Training - 126 Chaloupe Terrace - Elizabeth Macklin b. Recommendation to City Council - Rezoning and Change of Land Use - Parcel located at corner of U.S. #1 and Old Dixie /00`1 Highway (10795 U.S. Highway #1) c. 2nd Review of Proposed Ordinance - Accessory Structures d.Discussion - Mel Fisher's Museum e. Discussion - RM -8 District (Residential Multi -Family - Medium Density) 6. NEW BUSINESS: Public Hearing - Model Home Permit - Fashion Homes of Sebastian, Inc. - 1391 Barber Street Public Hearing - Home Occupational License - Edward Rogers Lawn Care - 814 Roseland Road Public Hearing - Home Occupational License - Paul Can Do - 145 Capri Avenue - Pawel Szafarz Public Hearing - Home Occupational License - Walter Mrozek, Jr. Lawn Care - 873 Beard Avenue Public Hearing - Home Occupational License - Silva's Sills - 414 Tulip Drive - Charles Silva Public Hearing - Conditional Use Permit - Proposed Hotel - 1606 Indian River Drive - Captain Hiram's Site Plan Review - Nationwide Insurance - 990 U.S. Highway 11 Site Plan Review - Skydive Sebastian - 400 W. Airport.Road Site Plan Review - Cobb Investments - 155 Fellsmere Road 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 W11 TCH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FXLE'D WITH THE CITY C ljERK ' S OFFICE WITHIN TEN DAYS OF THE DA'L'E OF ACTION. (286.0105 F. S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) , ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THXS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. 14 ' CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 20, 1995 Chairman Thompson called the meeting to order at 7:02 p.m. PRESENT: Mr. Munsan Mr. Shroyer Chmn. Thompson Mr. Goldstein Mrs. Brantmeyer Mr. Barnes Mr. Fischer ..... Mr. Schulke ALSO PRESENT: Jan King, Zoning Technician Bruce Cooper, Community Development/Building Dept. Dorri BoswortlL Secretary ANNOUNCEMENTS: Mrs. Brantmeyer will be rotation voting today. MOTION by Fischer/Munsart I make a motion that we move Old Business, except for SA, fight after New Business. A voice vote was taken. 7-0 motion carried. APPROVAL OF MINUTES: None OLD BIJSINES~: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - LIZ MACKLIN DOG TRAINING - 126 CHALOUPE TERRACE - ELIZABETH MACKLIN The applicant, Elizabeth Macklin, 126 Chaloupe Terrace, Sebastian, was present, and was sworn in according to quasi-judicial procedures. The public hearing was opened at7:06 p.m. There were 17 notices of hearing were three objection letters and no non-objection letters received. /••" PLANNING AND ZONING COMMISSION PAGE TWO REGULAR MEETING OF APRIL 20, 1995 Of the objection letters received, one was out of town, one had no address and the third was not understood. Staff had no objections. There was no public input. The public hearing was closed at 7:08 p.m. There are no employees. MOTION by Barnes/Fischer I make a motion to approve the Home Occupational License for Liz Macklin, Dog Training, at 126 Chaloupe Terrace in Sebastian. Roll call was taken. 7-0 motion carried. The party who sent an objection letter from Sioux Falls, South Dakota, will be advised by letter of the outcome of this meeting. _ NEW BUSINESS: PUBLIC HEARING - MODEL HOME PERMIT - FASHION HOMES OF SEBASTIAN, INC. -1391 BARBER STREET Evelyn Schreffler, representing Fashion Homes, was sworn in according to quasi-judicial procedures. The public hearing was opened at 7:15 p.m. There were 14 notices of hearing sent out. There were no objection letters and one non -objection letter received. Staff strongly suggested parking on Rolling Hill instead of Barber Street. The public hearing was closed at 7:17 p.m. There was no public input. MOTION by Fischer/Barnes I make a motion that we approve the model home application for Fashion Homes of Sebastian, Inc., Lot 15, Block 289, Sebastian Highlands, Unit 10, subject to, if any parking is required, that it will be on Rolling Hill Drive, as posted. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - EDWARD ROGERS LAWN CARE - 814 ROSELAND ROAD W r"N PLANNING AND ZONING COMMISSION PAGE THREE REGULAR MEETING OF APRIL 20. 1995 A representative for the applicant, Robert Rogers, Sr., 814 Roseland Road, Sebastian was present and was sworn in according to quasi-judicial procedures. The public hearing was opened at 7:20 p.m. There were 16 notices of hearing sent out. There were no objection or non -objection letters received. There was no public input. The public hearing was closed at 7:21 p.m. MOTION by Munsart/Shroyer I move that we grant a Home Occupational License to Edwa#d Rogers Lawn Care on Lot 28, Block 151, Unit 5, 814 Roseland Road. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - PAUL CAN DO -145 CAPRI AVENUE - PAWEL SZAFARZ Mr. Pawel Szafarz, 145 Capri Avenue, Sebastian was present and was sworn in according to quasi-judicial procedures. The public hearing was opened at 7:26 p.m. There were 19 notices of hearing sent out. There were no objection or non -objection letters received. Staff had no objection. There was no public input. The public hearing was closed at 7:28 p.m. MOTION by Fischer/Barnes I make a motion that we approve the Home Occupational License for Paul Can Do, Business Name, at 145 Capri Avenue, and the applicant's name is Pawel Szafarz, providing with the condition of the competency card is provided to the Building Department prior to the Home Occupancy License being issued. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - WALTER MROZEK, JR. - LAWN CARE - 873 BEARD AVENUE The applicant, Walter Mrozek, was present and was sworn in according to quasi-judicial procedures. /10� The public hearing was opened at 7:32 p.m. There were 20 notices of hearing sent out. There Wk ka /0001� PLANNING AND ZONING COMMISSION PAGE FOUR REGULAR MEETING OF APRIL 20. 1995 was one objection letter and no non -objection letters received back. Staff had no objections. There was no public input. The public hearing was closed at 7:33 p.m. MOTION by Barnes/Fischer I make a motion to approve the Home Occupational License for Walter Mrozek, at 873 Beard Avenue, in the City of Sebastian. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - SILVA'S SILLS - 414 TULIP DRIVE - CHARLES SILVA The applicant, Mr. Charles Silva 414 Tulip Drive, Sebastian, was present and was sworn in according to quasi-judicial procedures. The public hearing was opened at 7:35 p.m. There were twelve notices of hearing sent out. We received one objection letter and no non -objection letters back. The objection letter was received from Pompano Beach, FL and it was noted that they would be sent a copy of the regulation and the decision made during this hearing. Staff had no objection. There was no public input. The public hearing was closed at 7:37 p.m. MOTION by Goldstein/Barnes I move to approve the Home Occupational License for Silva's Sills at 414 Tulip Drive, for Charles Silva. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - CONDITIONAL USE PERMIT - PROPOSED HOTEL -1606 INDIAN RIVER DRIVE - CAPTAIN HI AM' S Chmn. Thompson explained that this property is between Indian River Drive and US 1. This property is zoned GMC, and referred the Commission to pages 143 and 144 of Section 28-3.12C of the Land Development Code, Section 20A -6.1B, 1,2,& 3, plus page 4081, Section 28- 3.12C15A & B as criteria for approval or disapproval. The public hearing was opened at 7:43 p.m. There were 7 notices of the hearing sent out. There W A /0411 PLANNING AND ZONING COMMISSION PAGE FIVE REGULAR MEETING OF APRIL 20, 1995 were no objection or non -objection letters received back. Mr. Cooper discussed the two conditions for the Conditional Use Permit as: 1) They meet the State requirements through the division of Hotels and Motels 2) Screening the side and rear yards Staff has no objections and recommends approval. There was no public input. The public hearing was closed at 7:44 p.m. MOTION by Goldstein/Fischer I move to grant the Conditional Use permit to Captain Hiram's proposed Hotel at 1606 Indian River Drive, having found that the application meets the criteria contained in Section 20A- 3.12 of the Land Development Code of the City of Sebastian. Roll call was taken. 7-0 motion carried. SITE PLAN REVIEW - NATIONWIDE INSURANCE - 990 U.S. HIGHWAY #1 Randy Mosby of Mosby and Associates, as representative for Nationwide Insurance, was present. Mr. Cooper explained it is a Commercial -General use. It is an existing home that they are going to renovate. Site Plan proposes meeting all of the requirements and conditions. Staff recommends approval. Mr. Mosby noted that this application is exempt from St. John's River Water Management permitting. And this property does not abut any Indian River County right-of-way, so does not require an IRC permit. Mr. Cooper stated that there were no conditions of the TRC since they already have been met, and just that the storage shed meet the required setbacks when they move it. MOTION by Goldstein/Fischer I move to approve the site plan for Nationwide Insurance, 990 U.S. Highway #1, based on Mosby and Associates, Inc. drawing number 95-172, sheet C1, 1 of 1, revision 2 dated 4-10- 95 , subject to the following conditions: that the feature labeled "the grass drive" be marked "abandoned", and that the shed, when it's moved, shall be set back by the required amount. Roll call was taken. 7-0 motion carried. pL..~qNING AND ZONING COMMISSION REOULAR..MEETING OF APRIL. 20, ..1.9,95 PAGE SIX A break was taken at 8:07 p.m. All members returned at 8:17 p.m. SITE PLAN REVIEW - SKYDIVE SEBASTIAN - 400 W. AIRPORT ROAD Mr. Cooper said that Slcydive Sebastian is in full operation at present, and they did have an approved site plan for a proposed hangar, which was held offbecause the zoning had to be changed in this area. Since the zoning has been changed, and because the new hangar is not greater than 500 sq. ft., then the existing approval can be handled in-house by the Chairman or himself. He also mentioned that West Airport Drive is to be paved in the future, which will open up more property for development for AI (Airport Industrial). .; The following issues were then mentioned by Mr. Cooper: 1) In any additional leases, we need to look at further conditions that were lacking in regulations or resolutions that the City has approved for the airport, or in our criteria for Al. 2) The portable fuel track, meets all criteria for operation. We urged the owner to place a sort of semi-pad enclosure for the containment of this track in case of any spillage. When his finances are better, he will pursue this suggestion. 3) We are actively working on getting the road completed to the northwest comer which will also provide overflow parking. Otherwise, staffhas no objection. Mr. Mosby discussed the portable fuel track and the overflow parking. He remarked that the only changes in this site plan are overflow parking public use building, and relocating the hangar. He mentioned leasing additional area to meet the skydivers needs because they can't get access to their property. He discussed refueling and taxi ways and the relocation of the main entrance to the north. He also stated that the fuel truck will park on the northeast comer of the property along the taxi way. He remarked that they have I-IRS approval. MOTION by Fischer/Barnes I make a motion that we approve the site plan for Mr. Andy Grimwald at 400 West Airport Drive, Sebastian, FL, and Mosby and Associate's drawings C-1, 1 of 2, 94562 dated February 24, 1995, with the condition that the loading area would be not labeled on the taxi way, the parking lot lighting to be provided to the overflow, and the temporary storage trailer to be removed prior to CO of the hangar. AMMENDMENT by Goldstein/Munsart I move to ammend the previous motion to add the condition that the fuel truck shall be stored or parked on a non-porous surface. pIeANNING AND ZONING COMMISSION p~EGUALR MEETING OF APRIL 20. 1995 PAGE SEVEN Roll call was taken. Mrs. Brantmeyer - no Mr. Barnes - no Mr. Fischer - no Mr. Munsart - yes Mr. Shroyer - no Chmn. Thompson - no Mr. Goldstein - yes The ammendment was rejected 5 -2. Roll call was taken on original motion. 7-0 motion carried. Mr. Cooper made the comment that there would be periodic checks made do be sure no contamination is found from the fuel truck. SITE PLAN REVIEW - COPP INVES~NTS - 155 FELLSMERE ROAD James W. Young was present, representing Mr. Copp. Mr. Cooper explained that this site was previously a used car lot in 1984. The owner has it leased out to Partner's used car lot, but we also found a U-haul business being operated which was never approved and violates the site plan. This review is to bring it into compliance. They are adding a concrete area to provide a handicapped stall to meet State requirements. Staffhas no objections. MOTION by Fischer/Barnes I make a motion that we approve the site plan for Copp Investments, 155 County Road 512, and grant a modification of two parking wheel stops, and plans from Sames W. Young and Associates, Inc., sheet 1 of 2, Project number - none - no revision dates ~ dated April 11, 1995. Roll call was taken. 7-0 motion carried. OLD BUSINESS: REZONING AND CHANGE OF LAND USE - PARCEL LOCATED AT CORNER OF U.S. #1 AND OLD DIXIE HIGHWAY (10795 U. S. HIGHWAY #1) Mr. Carl Fischer was the applicant, stepped down from the Commission, and offered to answer any questions. Mr. Fischer filed a Form BB. pLANNiNG AND ZONING COMMISSION REGULAR h~ETING OF APKIL 20, 1995 PAGE EIGHT Chron. Thompson explained that this is for land change and a zoning change on a piece of property approximately one and a quarter acre at the comer of U. S. 1 and Old Dixie Highway. Mr. Fischer explained that it is currently Hermana's Restaurant and they approached him about expanding~ The zoning is COR for the entire tract, including about eight acres to the south. In the code, this zoning is a bit too restrictive for restaurant sites. In order to expand into the remaining vacant part of the building, we have to go through a code change. Mr. Cooper explained it is a change from Commercial Office Residential to Commercial Limited and a change of zoning also. We recommend approval. Additionally, Mr. Fischer needs to change the legal description to meet the criteria on page 414 of the conditional use criteria for restaurants under 20A-6.1 C26. MOTION by Goldstein/Munsart i move that the Planning and Zoning Commission recommend to the City Council a zoning change from COR to CL for the parcel located around 10795 U. S. Highway #1, a parcel roughly .547 acres but probably a little.rarger than that in order to provide for sufficient setbacks; the Planning and Zoning Commission adopts the analysis presented by staffwith respect to the criteria, dated April 6, 1995. Roll call was taken. 7-0 motion carded. MOTION BY Goldstein/ I make the same motion and replacing all instances of the word "zoning" with the word "landuse". Roll call was taken. 7-0 motion carded. ~2ND,, REVIE.W OF PROPOSED ORDINANCE - ACCESSORY STRUC, ,TURES Discussion followed concerning accessory structures that would be compatible in the residential community. MOTION by Barnes/Fischer I make a motion to recommend that the City Council adopt the changes to Section 20A5.7 as contained in the second draft of an Ordinance (there's no date on it) as ammended by Bruce two minutes ago; the second draft ammended. Roll call was taken. 7-0 motion carried. PLANNIN,Q ~ ZONING COMMISSION. REGULAR MEETING OF APRIL 20. 1995 .D SCVSSXON - MEL SaER'S Mr. Cooper talked about a post and rope type of fencing being installed to stabilize an area where artifacts are unloaded periodically. We have asked them to .hold off on sidewalks along Indian River Drive till we get our final plans on our ISTEA project for the bikepath and sidewalk on the East side. DISCUSSION- RM-S ,DISTRICT 0tESID...ENTIAL ~[ULTi-FA ...MILY- MEDIUM DENSITY~ Mr. Cooper explained that there are several lots within both RM-$ areas that do not meet the minimum 10,890 sq. ff. requirement for two units. His recommendation is to proceed with a Comp. Plan ammandment to allow a duplex to be built on a 10,000 sq. ff. lot within the RM-$ area. He suggested the possibility of coming up with another category - possibly RM-7. CHAIRMAN MATTERS,: None., MOTION by Fischer/Barnes I make a motion to extend the meeting for seven and a half minutes. Roll call was taken. 7-0 motion carried. Mr. Cooper reported that Wood'N Nichols will be forwarding a diagram for information in reference to the fencing code. Mr. Ooldstein and Mr. Cooper discussed parking for fuel trucks at the airport. Mr. Cooper suggested having an additional meeting to discuss the Comprehensive Plan Review. A.TTORNE.Y MATTER~: None BUII~D~G OFI~[CIAL MATTERS: None Chairman Thompson adjourned the meeting at 10:05 p.m. I. 8B MEM.Q.RANDUM OF-VOTIN .CONFLiCT FOR ..OG NTY, MUNICIFIIE, AND OTHER LOC ... UBLIC ...OF, TFIo oE.?S, LAST NAME~FIRST NAME--MIDDLE NAME NAME OF BOARD. COLJNCIL, COMMISSION. AUTHOR Y, )DRESS CITY DATE ON WHICH VOTE (X_'CURRED COUNTY THE BOARD. COUN~'II., COMMISSION. AlJ~HORITY, OR COMMITTEE ON cICH I SERVE IS A UNIT OF: ITY '" COUNTY ~ ! OTHER LDC'AL AGENCY NAME OF' POLITICAL SUBDIVISION: MY POSITION IS: APPOINTIVE ELECTIVE X WHO MUST FiLl FORM 8B I I 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. Il applies equally to members of advisory and non-advisory bodies.who are presented law mandatory; although with a voting conflict.of interest under Section 112.3143, Florida Statutes. The requirements of this are the use of this particular form is not required by law, you are encouraged to use it i'fi making the disclosure required by law. I . greatly dependingI Your responsibilities under the law when faced with a measure il~ whicl¥ you have a'conflic!, cfi .interest wilLvary on whether you hold an elective or appointive position. For this reason, please pay close'attention to the instructiohs.on..this form'. I before completing the reverse'side and filing the form. . , INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ECTED 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 thc special gain of a principal (other than a government agency) by whom he is relained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating lo 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 may 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: u should complete and file this form (before making any attempt to influence the decision) with the person responsible for 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. {il I'¢}RXl aB 111.146 PAGE i IF YOU MAKE NO ATTEMPT TO.INF[~qCE THE DECISION EXCEPT BY t ION OR VOTE AT THE 'MEETING': ,it -.: · . You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for reCording the minutes of the.meeting, Who should incorpbrate the' form in the minutes. DISOLOSURE OF STATE OFFIOER'S INTEREST C_.~..k__ .~ .- .c~, % t...~*,v~ . hereby disclose that on (a) A measure came or will come before my agency which (check one) 'N~ inured to my special private gain; or . . inured to the special gain of (b) The measure before my agency and ihe nature of my interest in the measure is as follows: . , by whom I am retained. Date Filed ~.~.~ ~X~'~ i~0~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED_:~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OFTHE FOLLOWIN/ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION; REDUCTIONi~I~IIF SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. · ~ PAGE 2 CEFORM 8B - 10-86