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HomeMy WebLinkAbout08071997 PZCity of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, AUGUST 7, 1997 LOCAL PLANNING AGENCY 5:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. OLD BUSINESS: 4. NEW BUSINESS:. Comprehensive Plan Review Process: 1. Discussion - Land Development Code Revisions. 5. CHAIRMAN MATTERS: 6. MEMBERS MATTERS: 7. DIRECTOR MATTERS: 8. ATTORNEY MATTERS: 9. 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 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. eok1 CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF THURSDAY, AUGUST 7, 1997 Chmn. Fischer called the meeting to order at 5:04 P.M. ROLL CALL: PRESENT: Mr. Munsart Chmn. Fischer Ms. Kilkelly (a) Mr. Mather Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Driver Mr. Johns Mr. Schulke NEW BUSINESS: COMPREHENSIVE PLAN REVIEW PROCESS - DISCUSS LAND DEVELOPMENT CODE REVISIONS Ms. Kilkelly asked if the present Land Development Code is being abandoned, and Mr. Massarelli responded - yes and no. He noted that the existing layout of the LDC is not good and the new format will be more user friendly. However, the words and substance are practically identical. There will be some changes and he will highlight them. He also commented that there will be more tables, summaries, and an easier to follow zoning table. CHAPTER I: GENERAL ADMINISTRATION, ARTICLE I: PREAMBLE Each section was covered by staff. Section 1-1.6 - Mr. Massarelli noted the importance of the phrase - "liberally construed in favor of the City" - it is legal language and means that any doubt would be on the side of the City. Ms. Kilkelly noted that this must be a change in principle as somewhere in the present LDC, it notes that any doubt on any issue would be in favor of the applicant or citizen . Mr. Massarelli noted that he will check on this and if it is so, he will highlight it because it a substantive change. Section 1-1.10 - is a new revision. Section 1-1.11 - is in current code, but is now significantly shorter. Mr. Massarelli noted that section 1-3 of our Code is "catch lines of sections", and noted that we must check that section with Les Solin. Section 1-1.14 - is a new provision, and needs to be checked with the City Attorney. ka LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF THURSDAY, AUGUST 7, 1997 ARTICLE III: DEVELOPMENT AGREEMENTS Staff noted that this is a new section, it is not in the existing LDC, but it is in the Code of Ordinances under Chapter XXVI (26), one paragraph under Building and Building regulations. This new section tracks the Statutory requirements. When this section is adopted, we must make sure it repeals the section in our Code of Ordinances. Mr. Massarelli noted that procedures and requirements must be established by Ordinance for this Agreement. Presently, this is done by resolution. A Developer's Agreement can be entered into for ten (10) years, it is reviewed every twelve (12) months, and it can be extended. The next issue mentioned is one consistent font size instead of the smaller type size. Mr. Massarelh noted that the final product size will be letter size. He also noted that when the Florida Statutes change, our Ordinances must change. He suggested that in some places, the Florida Statutes could be referenced. Ms. Kilkelly suggested that, where Florida Statutes are referenced, the title name of the Statute be included along with the number. ARTICLE IV: LAND USE COMPATIBILITY Section 24.1 puts the precedence on the LDC, and makes the Development Agreement secondary. Section 24.2 is a new section. Mr. Massarelli noted that this section references the Future Land Use Map. He noted that the reference to "Table 24.2" may be mislabled, and he will check this out. Table 1-2.1 On the Land Use Designation for MDR - Medium Density Residential, Mr. Massarelli suggested changing RM -8 to RM -9 and explained that at present, duplexes could not be built on 10,000 sq. ft. lots even though they have been sold that way. There was discussion about affordable housing, minimum sq. ft. of new homes, drainage, and size of garages. Also discussed was how much of construction activity should be market driven and how much of it should be regulatory. Mr. Massarelli went into an explanation about figuring the square footage for duplexes, and noted how confusing this calculation is. High Density Residential was then discussed. It was noted that this district calls for twelve (12) units per acre, and staff wondered why Sebastian has a high density classification. Staff suggested that when this Planning Agency goes through the future land use map, we look carefully and make a decision whether Sebastian should even have a high density classification. The future land use map does have some high density designations, but there doesn't seem to be any on the City's Zoning maps. 2 f041� LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF AUGUST 7, 1997 Mr. Massarelli noted that under IN - Industrial, another category - Airport Industrial, must be added. Under INS - Institutional, Mr. Massarelli wanted to discuss what constitutes Public Service. The Elks Club, The Lions Club, The VFW, etc. were discussed in relation to Public Service Mr. Massarelli also suggested a new designation of Environmental or Conservation Zoning District. In summary, Mr. Massarelli noted how easy this table makes it to see at a glance what is allowed in each zoning district. On page IV -1, Section 2-4.3 gets into quasi-judicial procedures, and the City Attorney will review this section. Section 2-4.2 Mr. Massarelli noted that railroad lines had been taken out of this section, and he will check with Les Sohn to see why that is, since Sebastian has railroad lines. Section 2-4.6 is a new section. Mr. Massarelli noted that the land use classifications have been eliminated, but should be in Article V. Special use permits, will now have its own section. He asked all members to read this over and make comments, and to help make this document as user friendly as possible. Chmn. Fischer adjourned the meeting at 6:22 P.M. 3 Al. Atokk 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 LPA MEETING MINUTES OF MEETING HELD / 1 l4 APPROVED AT MEETING HELD ( 9 9 7 i FAIR z-, 11.. - ��- �� E, ANN BRACY, RECORDING SECRETARY O :• • QTA�R PZMARDOC W CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 7, 1997 Chmn. Fischer called the meeting to order at 7:00 P.M. ROLL CALL: PRESENT: Mr. Munsart Mr. Driver (a) Ms. Kilkelly (a) Chmn. Fischer Mr. Mather Mr. Schulke Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Johns ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Fischer announced that Mr. Driver will vote in place of Mr. Johns. Ms. Kinglannounced that she received a phone call from Michael Estes, and in having to make an emergency trip to Arnold Palmer Hospital tonight, he asked to be deferred to the next meeting. MOTION by Vesia/Mather I make a motion that we postpone to August 21 the approval of Home Occupational application for Estes Vending at 1790 Starfish Lane, Sebastian. A voice vote was taken. 7 - 0 motion carried. APPROVAL OF MINUTES: Mr. Driver noted that he is listed as unexcused absence on July 3 minutes. He had informed the Commission that he would be on vacation, and asked that the minutes be amended to reflect this. MOTION by Mather/Munsart I make a motion that we approve the minutes of July 3, as amended. A voice vote was taken. 7 - 0 motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 1997 MOTION by Munsart/Mather I make a motion that we accept the minutes of June 30, 1997, special meeting. A voice vote was taken. 7 - 0 motion carried. MOTION by MatherNesia I make a motion that we approve the minutes of the Local Planning Agency for Planning and Zoning, minutes of July 17th, at the 5:02 meeting. A voice vote was taken. 7 - 0 motion carried. MOTION by DriverNesia I make a motion that we approve the minutes of the meeting for July 17, 1997. A voice vote was taken. 7 - 0 motion carried. NEW BUSINESS: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 413 ASH STREET - SANDRA WEBSTER - ESTATE SALES Ms. Sandra Webster of 413 Ash Street, Sebastian, was present. There were twenty (20) notices of hearing sent out and we received no objection or non -objection letters. Ms. Webster gave a short presentation. Ms. King gave staff presentation and recommended approval. Chmn. Fischer opened and closed the public hearing at 7:10 P.M., and there was no public input. MOTION by Munsart/Mather I move that we approve the Home Occupational License for Sandra L. Webster, trading as Estate Sales by Sandy Webster at 413 Ash Street. A voice vote was taken. 7 - 0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1137 PERSIAN LANE - ANTHONY RIPLEY - PRESSURE CLEANING Mr. Anthony Ripley of 1137 Persian Lane, Sebastian was present. 2 /40� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 1997 There were eighteen (18) notices of hearing sent out and we received three (3) objection letters and one non -objection letter. Copies of the objection letters were given to the applicant. Mr. Ripley gave a short presentation. Ms. King gave staff presentation, noted that the applicant's equipment would be enclosed in his vehicle, and recommended approval. In reference to one of the objection letters, she noted that a Code Enforcement officer went to the subject residence on August 5th and found no violations. Mr. Mather questioned the square footage of the home to be used for Mr. Ripley's business, and after some discussion, it was determined to be approximately 150 sq. ft., and the correction was noted on the application. Chmn. Fischer opened and closed the public hearing at 7:15 P.M., and there was no public input. MOTION by Mather/Munsart I make a motion that we approve Anthony Ripley Cleaning Company, 1137 Persian Lane. A voice vote was taken. 7 - 0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 662 CARAVAN TERRACE - TIMOTHY SNYDER - PRESSURE CLEANING Mr. Timothy Snyder of 661 Caravan Terrace was present. There were nineteen notices of hearing sent out and we received one objection and no non -objection letters. A copy of the objection letter was given to the applicant. Mr. Snyder gave a short presentation. Ms. King gave staff presentation and recommended approval. Chmn. Fischer opened and closed the public hearing at 7:20 P.M., and there was no public input. MOTION by Vesia/Mather I make a motion that we approve the Home Occupational License for T. Gridley's Pressure Cleaning of 662 Caravan Terrace, Sebastian. A voice vote was taken. 7 - 0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1790 STARFISH LANE - MICHAEL ESTES - VENDING MACHINE SERVICE (Postponed to next meeting. See MOTION on page one (1)) eoll� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 1997 RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - RESIDENTIAL UNIT IN GMC ZONING - 404 INDIAN RIVER DRIVE Mr. Massarelli commented that the applicant was unable to attend tonight's meeting, and if there are questions, this item could be postponed. MOTION by Munsart/Driver I move we postpone the application for Special Use Permit for 404 Indian River Drive to the meeting of August 21. A voice vote was taken. 7 - 0 motion carried. DISCUSSION - OUTSIDE STORAGE AND DISPLAY AREAS ON COMMERCIAL SITES Mr. Massarelli gave staff presentation on the issue of outside storage and display. He pointed out some examples in the City such as Wal Mart, Karr's Vegetable Stop, Clark Water, and The Antique Store, plus a few others, including grocery carts that are stored outside various stores. f There was much discussion on using any part of a sidewalk which is public right-of-way, areas in parking lots, sidewalks around buildings on private property, older buildings that never had a site plan and have been displaying merchandise outside for many, many years. There was discussion on displaying items outside during business hours versus leaving the items out twenty-four hours a day. Summary: A. No display/storage off the property, nothing on right-of-way (sidewalk) B. Temporary storage outside is allowed (during business hours) C. If in parking lot, necessary number of parking places cannot be reduced (minimum number of spaces must be met and kept clear) D. May have outside storage in non -vehicular areas as long as fire exits and lanes are kept clear, and for seasonal products only (not tires, batteries, salt, golf accessories, etc.) There was further discussion on outside storage of shopping carts, salt and seasonal items. Also discussed were the animal displays at the Professional Animal World on U.S. # 1. Mr. Driver asked how much clear area is required outside grocery store entrances, for the fire code, since some stores seem to have a cramped space in that area. Mr. Massarelli will check on this. At this point it was suggested that Mr. Massarelli draft some wording based on this discussion tonight. CHAIRMAN MATTERS: None 4 /90., /0�1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 1997 MEMBERS MATTERS: Mr. Pliska asked about the small dormers that were to go on the roof of the dialysis center on U.S. # 1, on the east side. Mr. Massarefli introduced Mr. Ron Spoto, representing the owner of the dialysis center at 1424 U.S. #1. Mr. Spoto spoke about the originally designed wooden ramp and deck for an entrance and exit at the rear of the building. Gambro desires to have this ramp made of concrete, which would be easier for wheelchair patients to use. They also would like the railings to be handicap type which would be easier for patients to hold on to, instead of the decorative wood railing. He suggested that on the ramp itself, they would put a painted aluminum rail on both sides of the ramp, then on the deck and stairways, a more decorative railing, samples of which he passed around to the Commission members. Mr. Massarelli gave explanation about the changes and why he felt the Commission needed to hear this request. He and Mr. Spoto gave further explanation of the awning canopies and the landscaping, and indicated that they felt the dormers on the east side of the roof could be overkill, and probably not needed. A consensus of the members indicated that the dormers on the east facing roof are not needed. Mr. Massarelli indicated that a motion should be made on the change of railings. MOTION by Pliska/Driver I make a motion that we accept the new changes to the metal railings to the dialysis center. A voice vote was taken. 7 - 0 motion carried. Mr. Munsart informed the Commission that Captain Hiram's will definitely fix the sidewalk at their entrance on U.S. #1, in the near future. Mr. Massarelli noted that Captain Hiram's asked the City to help them with the DOT permit. He noted that the City Engineer will also get involved with this. Ms. Kilkelly read from an article in the Press Journal Public Notices, having to do with Planning and Zoning giving consideration to approval of a preliminary development plan for re -platting a parcel of property into four (4) lots, and the preliminary development site plan for three (3) commercial buildings on the same property that is zoned PUD -R, by Sebastian Lakes. Mr. Massarelli responded with information about the Sebastian Lakes PUD conceptual development plan which includes seventeen and a half (17.57) acres of commercial and it was all north of the Roseland Road extension. When the PUD was approved, Roseland Road was not in 5 /"1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 1997 its present place, it was closer to the Library. The proposal is in keeping with the original developers agreement, and it will come before this Commission at the next meeting. Ms. Vesia inquired about the list of site plan extensions. She also noted that she will not be attending the next meeting on August 21 st. DIRECTOR MATTERS: Mr. Massarelli cautioned the Commission members to be prepared for a long evening on Aug. 21 st. In addition to several site plans and special use permits, there will be several Ordinances to be discussed There was discussion on commercial mulching machines in the City. He then noted the status of the Ordinances that we have gone through. All but three have been adopted, and he wants to show the Commission members the changes that City Council has made. He touched on some of these changes. There was discussion on major and minor site plans, and major and minor modifications. Mr. Massarelli also noted that Mr. John's Commission seat that was before City Council last week was not determined because of three votes of 2 -2, so it will go before City Council again with a full membership for another vote. He will bring the results back to the Commission at the next meeting, along with the Parking Ordinance in the Land Development Code. He noted that City Council has directed him to change the term of one (1) ton truck to a maximum length, and to research the height of a box that may be on the back of a truck. He reminded everyone that we will also have the LPA meeting before the regular meeting. Mr. Puska suggested that when discussion focuses on drainage and swales, that Mr. Hill should be here. Mr. Massarelli responded that he may be able to get the City Engineer here, but would speak to Mr. Frame about the possibility of having Mr. Hill attend. Mr. Munsart asked Mr. Massarelli about the list of parking requirements for Captain Hiram's and Mr. Massarelli noted that Jan King is working on it. Chmn. Fischer adjourned the meeting at 8:22 P.M. (8/12/97 AB 6 ^. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 C3 FAX (561) 589-5570 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MINUTES OF MEETING /� APPROVED AT MEETING HELD E &F�M)FAAAI WMARAV ffilm 1 m��� E. ANN BRACY, RECORDING SECRETARY PZ,MAF s O :. �7 f- City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, AUGUST 7, 1997 PLANNING AND ZONING COMMISSION 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS: 4. APPROVAL OF MINUTES: Amended minutes of Regular Meeting of June 30, 1997, Regular Meeting of July 3, 1997, LPA Meeting of July 17, 1997, and Regular Meeting of July 17, 1997 5. OLD BUSINESS: 6. NEW BUSINESS: A. Public Hearing - Home Occupational License - 413 Ash Street - Sandra Webster - Estate Sales B. Public Hearing - Home Occupational License - 1137 Persian Lane - Anthony Ripley - Pressure Cleaning C. Public Hearing - Home Occupational License - 662 Caravan Terrace - Timothy Snyder - Pressure Cleaning D. Public Hearing - Home Occupational License - 1790 Starfish Lane - Michael Estes - Vending Machine Service E. Recommendation to City Council - Special Use Permit - Residential Unit in GMC Zoning - 404 Indian River Drive F. Discussion - Outside Storage and Display Areas on Commercial Sites 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY 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 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) ISN 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. /,.001�