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HomeMy WebLinkAbout07151999 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 15, 1999 (This meeting is being voice broadcast over Falcon Cable Channel 35.) Chairman Schulke called the meeting to order at 7:03 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Scott Mathis William Mahoney(a) Kelly Mather VC. Pliska George Gerhold Chuck Barrett Chmn. Schulke Jean Vesia EXCUSED ABSENCE: William Evely ALSO PRESENT: Tracy Hass, Director of Planning and Growth Management Jan King, Growth Management Manager Martha Campbell, City Engineer Terrance Moore, City Manager Ann Brack, Recording Secretary Terry Hill, Public Works Director ANNOUNCEM,E,N'rS: Chmn. Schulke announced that Mr. Evely has an excused absence. He also welcomed the new City Manager, Mr. Terrance Moore, and proceeded to introduce the Commission members to Mr. Moore. Mr. Moore made a few comments and noted that there are a lot of exciting times ahead for the City of Sebastian, and, hopefully, we'll all be on the same page in the near future. APPROVAL OF MINUTES: (7/1/99) MOTION by Barrett/Mather I recommend approval of the minutes of July 1. Roll call: Mr. Mather - yes VC Pliska - yes Ms. Vesia - yes Chmn. Schulke - yes The vote was 7 - 0. Motion carried. Scott Mathis Mr. Gerhold Mr. Barrett - yes - yes - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 Chmn. Schulke suggested placing Old Business after New Business, and Mr. Hass requested that the discussion of the City Compound issue be done first. Chmn. Schulke cooperated. OLD BUSINESS: A. Discussion - City of Sebastian Public Works Compound - 805 Louisiana Avenue Mr. Hass gave staff presentation and an update of the review. He noted some changes in the odginal expansion proposal. He also noted that in recalculating total square footage of the existing buildings and the expansion, it is less than the original amount approved, therefor qualifies as a minor modification. He then commented, that this week, Public Works crews have started to install some landscaping and irrigation on this site to bring it into compliance with the original approval. He gave further information on the present activities at this site. After conferring with the City Attorney, Mr. Hass indicated that this will be processed administratively, but it is like any other site plan and will need compliance with the Land Development Code. He indicated that he will keep this Commission up to date on the process. There was some discussion on this issue. The subject of phasing was covered. Terry Hill, Director of Public Works, indicated that there will be no phasing, and that the job will be continuous until it is completed. NEW BUSINESS: B. QUASI-JUDICIAL HEARINGS: 1. Site Plan Review - World Savings Bank- U.S. #1 & Jackson Street- CG Zoning Chmn. Schulke gave an outline of the quasi-judicial proceedings for the general publiC. He also asked staff and applicants to keep their presentetions to the point and concise since the agenda is long tonight. There were five (5) notices of hearing sent and there were no objection or non-objection letters received, Mr. Teen Woon, Singer Architects office, and architect for World Savings Bank, was present and was sworn in by the Chairman at 7:17 pm, along with Tracy Hass. Mr. Woon noted that the design is intended to meet the Riverfront Ordinance. He proceeded to explain the model that was being shown to all present. He noted that contrary to the Word Bank tradition of using very bdght colors, they have chosen to go with Grey including the roof so that it will fit naturally in its surroundings. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 Jeff Smith of Mosby and Associates, and Civil Engineer of this project, was sworn in at 7:21 by Chmn. Schulke. Mr. Smith gave a presentation on the engineering features of this site. Tracy Hass gave staff presentation and recommended approval with the addition of condition number 3. There was a correction noted on page 6 of the staff report - total number of trees required and provided will be twenty-nine (29). Mr. Hass also called attention to comments made by the City Engineer on page 7 of the staff report. There was much discussion on this site including drainage, stub out on driveway, radius turn on Wauregan Ave., Good Will trailer located near northern boundary, foundation plantings, handicap spaces, and tree credits. Mr. Mahoney requested that in the future, the type of zoning be included in the staff report. Mr. Hass agreed to do this and noted that this site is Type I Commercial. Chmn. Schulke suggested that the construction schedule be revised. He also pointed out that the Good Will trailer will probably have to be moved. Staff responded that this issue will be revisitad. Mr. Hass noted that on the north side of this site, as it abuts the Wal Mart property, the landscape stdp has been narrowed to five (5) feet instead of ten (10) feet, and Wal Mart has a ten (10) foot strip adjoining it. He suggested fftat this issue be included in the motion for approval. Chmn. Schulke complimented Randy Mosby on the site plan, and staff for their review. Mr. Hass suggested the following wording for inclusion in the motion: Condition #3 - "Approve of reduction in northern landscape strip from ten (10) feet to five (5) feet in accordance with 20A-19.7 Riverfront District Landscape Code". Chmn. Schulke opened and closed the public headng at 7:54 pm, as there was no public input. MOTION by Mather/Barrett I'd like to make a motion that we approve the site application for Wodd Savings Bank condition upon sheets File 98-449, sheets C-1 through 4, L1, L2, with the conditional approval put on it as given by staff. (Reference: Second Paragraph above, reduction of northern landscape strip to five (5) feet as Condition #3) Roll call: VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mather - yes Mr. Gerhold ~ yes Mr. Mathis - yes Mr. Barrett - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 The vote was 7 - 0. Motion carded. 2. Conditional Use Permit - Drive-thru Facility - World Savings Bank - U,S. #1 & Jackson St. -CG Zoning Chmn. Schuike asked if a separate quasi-judicial hearing should be opened for this condition use permit. It was suggested that it was not necessary since the above hearing was held. There were five (5) notices of hearing sent and there were no objection or non-objection leffers received. MOTION by Barrett/Mather I'll make a motion that we approve the conditional use permit for the drive-thru facility for Wodd Savings Bank. Roll call: Mr. Gerhold - yes Mr. Mather - yes Mr. Barrett - yes Mr. Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mathis - yes The vote was 7 - 0. Motion carried. Chmn. Schulke noted a technical error in opening the hearing for the Site Plan Review and not for the Conditional Use Permit. It was agreed to correct this procedure .in future instances. The Chairman suggested he open the hearing for the Conditional Use Permit after the Site Plan Review for Kentucky Fried Chicken Restaurant. 3. Site Plan Review & Conditional use Permit - Kentucky Fried Chicken Restaurant - U.S. #1 & Jackson Street - CG Zoning Chmn. Schulke opened the quasi-judicial hearing at 7:55 pm. Tom Knott, Engineer for LBFH, Inc. of Fort Pierce was present and was sworn in'by Chmn. Schulke at 7:55 pm. There were nine (9) notices of hearing sent and no objection or non-objection letters received. Mr. Knott is representing the owner, Jim Carr, of the present Kentucky Fried Chicken business on U.S. #1 and Jackson St. He introduced Jim Carr, owner; Steve Clark, architect; Greg Boggs, landscape architect; and Rod Kennedy, Engineer at LBFH, Inc. Mr. Knott proceeded to give his presentation. He noted that this building will not be done in the typical KFC color of red, but will be beige and green, in accordance with the Riverfront District requirements, with one sign showing all three businesses which are KFC, Taco Bell, and Pizza Hut. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 Tracy Hass gave staff presentation and recommended approval with one (1) condition for the conditional use permit. He noted a correction on page three (3) of the staff report, indicating 3,536 square feet for item e. building coverage. He then noted the amount of cooperation he has received from the principals on this project. Ms. Vesia inquired about color in the signage. Mr. Jim Can', project owner, was sworn in by Chron. Schulke at 8:04 pm. He proceeded to explain the signage which has three different brands in one building, which is a flowing dbbon looking sign that has all three brands; KFC in red; Taco Bell in purple and yellow; and Pizza Hut in black, red, and yellow. He indicated that this is corporate identity which is mandatory for him to build this project. Mr. Pliska suggested the radius at the entryway off Jackson should be thirty (30) feat. There was discussion on this issue and Mr. Knott explained the adjustment on the internal side of the entrance at this point. There was more discussion on this issue and Mr. Knott agreed to Mr. Pliska's request on this radius. Chmn. Schulke summarized by noting that a condition can be made to increase the ingress radius on Jackson Street to sfaff's satisfaction. The subject of lighting, glare and fencing was brought up by Mr. Ge~old. This issue was discussed and Mr. Hass refen'ed to the code around which this site plan was designed. The appearance of the storage shed was discussed, and it was suggested that compatibility of this shed be included in the conditions. The subject of wheel'stops was also discussed. Chmn. Schulke discussed the interconnecting access at the property line being five (5) feet away from the property line. Mr. Hass responded that at this time, staff felt it was better to place a landscape strip at this property line until such time as a connection needs to be made at this point. Mr. Knott responded that with the fill requirements, there is a severe grade change at this point and it would require a wall. Chmn. Schulke suggested adding a condition - "The owner will allow a physical connection at a future time for the adjacent property owner." A bdef discussion took place about the one residence in that area being protected by landscaping and requirements for the drive-thru facility, and Mr. Hass indicated that the plans meet the standard. There was discussion on the handicap egress on the west side near the drive-thru. 'Mr. Knott indicated that this issue will be worked out according to ADA requirementS: PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 It was noted that the word "detention" area on the drawing should read "retention" area. There were no proponents or opponents on this issue. At this point, Mr. Hass read from the code about wheel stops, and there was a consensus from all Board members that they are not needed. Chmn. Schulke noted that wheel stops will not be required on this site. Chmn. Schulke suggested that the following be included in the motion: 2. Shed plan architecturals shall meet the Riverlfont District criteria for aesthetics, material and finish, and shall match the proposed building. 3. Applicant would increase the ingress radius on Jackson Street encl have that approved by City staff, including the engineer. 4. This approval will be conditioned upon your allowing a physical connection to the two access points on your north property line, to the adjacent property owner when he applies for and gets approval for a site plan and his commercial site. MOTION by Barrett/Vesia I'll make a motion that we approve the site plan for the KFC fast food restaurant at the northwest comer of U.S. 1 and Jackson Street with the three conditions Mr. Schulke just iterated, and the staff conditions. Mr. Mather asked if the pdnt numbers should be noted and the Chairman responded that he didn't think so because they were on record. Roll call: Mr. Mathis - yes Mr. Gerhold - yes Mr. Mather - yes Mr. Barrett - yes VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes The vote was 7 - 0. Motion carded. MOTION by Mather/Barrett I make a motion that we approve the conditional use of the driVe-thru of the Kentucky Fried Chicken Restaurant.. Roll call: Mr. Mather - yes Mr. Barrett - yes VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mathis - yes Mr. Ged'told - yes The vote was 7 - 0. Motion carded. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1998 (At 8:37 pm, the Board took a break, returning at 8:43 pm) Chmn. Shulke called the meeting beck to order at 8:43 pm, with all members present. 5. Site Plan Review - Bruno Multi-Family Complex - Parking Area - 1208 U.S. #1/Indian River Drive - CL Zoning At this point, Chmn. Schulke welcomed City Council member Joseph Barczyk to this meeting. Chmn. Schulke opened the hearing at 8:45 pm. Robert Bruno, owner, of 1820 E. Shell Lane was present and was sworn in by the Chairman at 8:45 pm. Mr. Bruno gave a brief presentation on renovation of the old Potters Funeral Home and the need for a parking lot. He indicated that his engineer is on vacation, which iswhy he is here tonight. Tracy Hass gave staff presentation, noting that this property has always been in non- compliance with the parking, and this application would bdng this site up to current code standards. He noted that the parking lot will be a shared facility for three buildings on U.S. #1, and one building at Washington. Place and Indian River Ddve, as indicated on page seven (7) of the staff report. He also commented on a good number of tree credits because of the trees present on this site. He then commented that all concerns of the City Engineer and staff have been satisfied and staff recommends approval with one condition as outlined on page eight (8) of the staff report, which stipulates that the shared parking agreement be finalized between the applicant and the City Attorney. The parking issue was discussed by the Board members including handicap parking. Mr. Hass noted that because of the handicap parking space required on each site, the parking spaces had to be reduced from ten (10) feet wide to nine (9) feet, and will need approval by P & Z. Mr. Pliska mentioned the subject of the radius on the entrance and this was discussed. It wes suggested by City Engineer Martha Campbell that a right-of-way permit would be needed to widen the entrance to the parking lot. There was much further discussion of the parking area, as well as the well and septic tank and county water. They also discussed the perpetual agreement for the parking lot that will be binding for future owners. Chmn. Schulke mentioned several related permits or exemptions that will be required before the City issues a building permit: DOT drainage connection or exemption, DOT driveway connection or exemption, Environmental Health septic tank permit. Mr. Hass noted to also add a condition for approval of the two g-ft. parking spaces on one side. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 There was discussion about the number of spaces in the parking lot. There were no opponents or proponents present. At this point, Chmn. Schulke restated the conditions to be included in the motion: 1. Staff's condition (Perpetuity agreement on parking) 2. Permits required prior to construction: Site plan approval Building permit approval DOT drainage connection or written verification of exemption DOT driveway connection or written verification of exemption Department of Environmental Health permit for septic tank 3. Approve nine (9) foot wide parking spaces 4. Widen curb cut to meet aisle width MOTION by Pliska/Barrett I'll make a motion that we approve the Bruno Multi-Family Complex, the requested action for site plan approval for parking lot addition with all set conditions stated by the Planning and Zoning and staff, which is four (4) conditions. ( 4 conditions listed above) Roll call: VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mather - yes Mr. Gerhold - yes Mr. Mathis - yes Mr. Barrett - yes The vote was 7 - 0. Motion carried. C. PUBLIC HEARINGS - RECOMMENDATIONS TO CITY COUNCIL: 6. Site Plan Review - Food Lion - Retail Expansion - Chesser's Gap PUD-C Zoning - Building Addition & Additional Parking Mr. Jeff Smith, Mosby & Associates, was present representing the applicant, and was sworn in by Chmn. Schulke at 9:34 pm. Mr. smith gave his presentation on the addition of approximately 4800 sq. ft. of retail to the end of the Food Lion shopping center, and adding additional parking area and additional landscaping. Tracy Hass gave staff presentation which recommends approval with two (2)conditions. He noted that when this construction is completed, an amendment to the final plat will have to be applied for. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 Chmn. Schulke opened and dosed the public hearing at 9:39 pm, as there was no public input. MOTION by Barrett/Mather I'll move the recommendation to City Council for the modification of the Food Lion Retail expansion, with the conditions as stated by staff. Roll call: Ms, Vesia - yes Mr. Mathis - yes Mr. Gerhold - yes Mr. Mather - yes Mr. Barrett - yes VC Pliska - yes Chmn, Schulke - yes Comprehensive Plan Amendment - Land Use Change - City of Sebastian Cemetery Surplus Property - Institutional (INS) to Riverfront Mixed Use (RMU) Tracy Hass represented the City and gave presentation, noting that this property is on the west side of U.S. #1, and City Council has declared this site surplus property. In order to sell it, it would probably be beneficial to rezone it to Commercial instead of Public Service. Chmn. Schulke opened and dosed the public hearing at 9:50 pm, as there was no public input. MOTION by Barrett/Mather I make a motion to recommend to City Council to approve the land use change from (INS) to (RMU). Roll call: Mr. Mathis - yes Mr. Gerhold - yes Mr. Mather - yes Mr. Barrett - yes VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. 8. Rezoning - City of Sebastian Cemetery SurplUs Property - Public Service (PS) to Commercial General (CG) Tracy Hass represented the City in this issue and referred to his previous presentation. Chmn. Schulke opened and dosed the public headng at 9:52 pm, as there was no public input. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 MOTION by Mather/Vesia I make a motion to recommend for approval the rezoning Cemetery Surplus Property from (PS) to (CG). Roll call: Mr. Mather - yes Mr. Mathis - yes VC Pliska - yes Mr. Gerhold - yes Ms. Vesia - yes Mr. Ban'eft - yes Chron. Schulke - yes The vote was 7 - 0. Motion carried. 9. Zoning Text Amendments - Ordinance Review: a. Accessory Buildings - Section 20A-5.7 Jan King gave staff presentation pointing out that the underlined sections are the proposed new sections. She proceeded to read the changes. Chmn. Schulke opened and dosed the public hearing at 10:00 pm, as there Was no public input. Discussion: Small sheds under 200 square feet were discussed, as was the issue of maximum size on a property. Mr. Gerhold mentioned the issue of "one boat dock" in item E. There was a brief discussion on this. Mr. Mahoney suggested that on item A. Definition, second paragraph, the wording be changed to read "... in a residential district. The detached accessory building shall not be designed pdmadly for use as a living area and shall not share a common wall with the principal building.". There was no consensus on this suggestion. MOTION by Vesia/Mather I make a motion that we recommend to City Council to approve the Accessory Building amendment 99-01. Roll call: VC Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mather - yes Mr. Gerhold - yes Mr. Mathis - yes Mr. Barrett - yes The vote was 7 - 0. Motion carried. ]0 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 b. RMH Mobile Home Zoning District - Section 20A.3,7 Mr. Hass indicated the importance of continuing with this text change. There was a consensus that the P & Z Commission remain until 10:45 pm tonight. Tracy Hass gave staff presentation, noting that the owner of Palm Lake Club requested an outdoor storage facility for boats and recreational vehicles. He proceeded to refer to present code requirements and noted that the present code does not allow that in the RMH zoning District. He then noted that it is required in the PUD-MH zoning district. He explained that the language from the PUD-MH zoning district, modified somewhat, was inserted and it allows for a common vehicular storage area for the owners within a residential subdivision. Chmn. Schulke opened and closed the public headng at 10:20 pm, as there was no public input. There was very bdef discussion. Chmn. Schulke suggested adding number 3. under item F. of ZTA 99-02. He suggested to add a requirement for an administrative site plan approval prior to construction of this outdoor storage area. Mr. Hass suggested some wording to state "if it's less than 500 square feet of impervious surface...". Chmn. Schulke suggested meeting the site plan ordinance. Mr. Hass agreed. There was also discussion of ownership of lots to be utilized, since no site has been set aside for a storage facility. Unity of title and ownership will be considered in this amendment. An explanation of "Type 'A' Opaque Screen" was requested and Mr. Hass provided it. MOTION by MatherNesia I make a recommendation to City Council for the zoning for 99-02 with the addition of the requirad item 3 under F, required to meet the site plan ordinance, be added. Roll call: Ms. Vesia - yes Mr. Mathis - yes Mr. Gerhold - yes Mr. Mather - yes Mr. Ban'eft - yes VC Pliska - yes Chmn. Schulke - yes The vote was 7 - 0. Motion carried. c. Waivers - Section 20A-19.4(D) Mr. Hass gave staff presentation noting that City Council requested this change and noted that the changes are underlined and the crossed through sections are being deleted. He read the ordinance for the record. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 1999 There was much discussion by all Commission members and each one noted their objections and reasons. (A verbatim transcript on this topic is available upon request,) Chmn. Schulke read his summary: 'NVe do not recommend to City Council amending Zoning Text Amendment or approving Zoning Text Amendment number 99-03 for the following reasons: We don't believe .... City Council are not part of the LPA - we've got - essentially they appoint people on this Board because we've got experience in this, in this area of expertise. Some of us do and some of us don't, but, just being on this Board, we've got experience. Many of City Council members have noth.., know nothing about real estate, know nothing about land development, so we can essentially state that. t We can state that we believe this is a knee jerk reaction to a decision we made that a few members didn't like, I don~t know if wa want to say that, but we possibly could, and I believe it - and if you have any others, let's give it a number 3, 3 or 4, let's put our heeds together and we'll sand it to them like that, they're going to have to read all that, I guess, if that's our recommendation, let them read it to the public and put it to them". MOTION by Ban'eft/Mather So moved on the motion as stated by Mr. Schulke. Roll call: Mr. Gerhold - yes Chmn. Schulke - yes Mr. Mather - yes Ms. Vesia - yes Mr. Barrett - yes Mr. Mathis - yes Mr. Pliska - yes The vote was 7 - O. Motion carried. CHAIRM~N MATTERS: None MEMBER, MATTER~ Mr. Mathis suggested that another workshop be held. DIRECTOR MATTERS: None Chmn. Schulke adjourned the meeting at 10:45 pm. 12