Loading...
HomeMy WebLinkAbout08211997 PZCity of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, AUGUST 21, 1997 LOCAL PLANNING AGENCY 5:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. OLD BUSINESS: 4. NEW BUSINESS: A. Ordinance Review - B . Ordinance Review - C. Comprehensive Plan Land Development 5. CHAIRMAN MATTERS: 6. MEMBERS MATTERS: 7. DIRECTOR MATTERS: 8. ATTORNEY MATTERS: 9. ADJOURNMENT. 0-97-59 - Special Exceptions 0-97-58 - Shared Parking Review.Process - Discussion - Code Revisions. 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. r CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF THURSDAY, AUGUST 21,1997 Vice Chairman Munsart called the meeting to order at 5:03 P.M. ROLL CALL: PRESENT: VChmn. Munsart Mr. Thomas Ms. Kilkelly (a) Mr. Schulke Mr. Mather Mr. Pliska EXCUSED ABSENCE: Ms. Vesia Mr. Driver (a) Chmn. Fischer ALSO PRESENT: Robert Massarelli, Community Development Director Ann Brack, Recording Secretary MOTION by Thomas/ I make a motion that all Commission meetings be started with a salute to the flag. This motion died for lack of a second. OLD BUSINESS: None NEW BUSINESS: ORDINANCE REVIEW - 0-97-59 - SPECIAL EXCEPTIONS Mr. Massarelli explained that special exceptions are approved by the Board of Adjustment and the definition of special exceptions is provided in the Code. He went on to explain that special use permits are approved by City Council and the definition is in the Code. The definitions of these two uses are the same thing. He noted that the City Attorney has found case law that shows that these two terms/uses have been used interchangeably. Presently, special use permits and special exceptions, which are the same thing, are being issued by two different Boards, and this needs to be changed to one or the other. At a City Council workshop on August 6th, and Council directed staff to delete the special exception provision. In summary, Mr. Massarelli noted that 0-97-59 deletes the special exception, and would allow everything to be handled as a special use permit, and be issued by City Council. Since this was Mr. Thomas's first meeting as a new Commission member, Mr. Massarelli gave a �� brief explanation of the LPA's responsibility to comply with the Florida Statutes, and the progress of the Commission in the last six (6) months or so. /Oft\ 17000 � LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF THURSDAY, AUGUST 21, 1997 There was a correction noted on page 1, Section 20A-11.2. C. I., to delete "or a special exception use Ms. Kilkelly noted page 761 and 762 of the LDC, paragraph 20A -I 1.3.D. La., the term "special exception" is used. It was determined that this should be changed to "special use". Mr. Massarelli will take the proper steps. MOTION by Mather/Kilkelly I make a motion that we recommend to City Council approval of Ordinance 0-97-59, Special Exceptions. Roll call: Ms. Kilkelly (a) - yes Mr. Thomas - yes Mr. Mather - yes Mr. Schulke - yes Mr. Pliska - yes Mr. Munsart - yes The vote was 6 - 0. Motion carried. ORDINANCE REVIEW - 0-97-58 - SHARED PARKING /000*` Mr. Massarelli explained that City Council has directed staff to prepare an Ordinance deleting Section 20A-8.3.7, the provision that allows two businesses with different working hours to share the same parking spaces. The review by the LPA is for consistency with the Comprehensive Plan. Mr. Mather asked why this is good for the City? He noted that there is limited parking in town, there is a parking problem in town, so why is it good for the City not to have shared parking when it (a parking area) is not being used? He wanted to know why we ( the LPA members) were here to do this? Mr. Massarelli responded that to try to report the reasons the City Council gave - it was his understanding that they have indicated that there is a problem with the parking in the City, that the problem is related to this provision in the Ordinance, and that multiple businesses using the same parking area have caused problems. Mr. Mather asked what the problems were. Mr. Massarelli responded that one specific issue he could think of that the City Council identified was the parking along Indian River Drive at Capt. Hiram's. Mr. Mather noted that that is not shared parking. Mr. Pliska suggested that if it is not a business problem, if it is not a police problem, and if two businesses operating at different hours agreed to share parking spaces, why would that be detrimental to the City and why would they even want to change that? He noted that shared parking is a benefit to the City, not a hindrance. He felt that unless the City shows documentation 2 /69*A� LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF AUGUST 21, 1997 that there actually is a problem, a police problem, or anything else related to it, he doesn't think it should be changed. Mr. Massarelli noted that City Council also felt that the Ordinance, as it is, is difficult to enforce. In his review of the use of the Ordinance, he has been able to identify that it has been used twice. Once at Capt. Hiram's, related to the hotel project which has not yet been constructed, and it has not been implemented; the second time was at Hurricane Harbor related to the party boat which was running during the day, and the restriction was placed on the restaurant that they couldn't use the back room for lunch as long as the party boat was operating. Of course the back room gets used by local clubs at times, which becomes a "policing" problem, and it became difficult to enforce the terms of the shared parking. Mr. Pliska again noted that unless there is documented evidence that this is a problem to the City, it should not be changed. Mr. Massarelli proceeded to explain that City Council has a legislative role, and there is a policy situation that, in their opinion, they feel that this provision of the code is bad. They don't have to justify that to anyone since they are the legislative body of the City. The LPA's role is to evaluate this and determine consistency with the Comprehensive Plan. Nothing more. He reminded the members to focus on that. Mr. Mather then asked why the present Ordinance is not consistent with the Comprehensive Plan? Mr. Massarelli responded that he did not know of anything that it was inconsistent with. Mr. Schulke suggested that the members of this Agency could make a recommendation to City Council with opinions and findings of fact. He suggested that this Agency could say the original Ordinance was consistent with the Code, or that this new Ordinance is consistent with the Code. And it is, in our opinion, a bad idea to change it and why. Ms. Kilkelly noted that to change the parking would not be in the best interest, or the general welfare of the community. She felt it covered the Comprehensive Plan as well as the Land Development Code, in reference to the health, welfare and safety to the community. Mr. Munsart suggested that if the shared parking took place during the day when both businesses were open and doing business, he could see problems with it. But, if you have shared parking from 8:00 to 5:00, and another Company takes over the same parking from 5:00 to 11:00, he didn't see a thing wrong with it. Mr. Thomas commented on page two (2), paragraph five (5), and reminded this Agency that Mr. Collins, or at least his restaurant, came before this group and got permission to cover the upper balcony. He noted that that did not actually increase the number of seats, but because that room could not be used because of temperature, and they wanted to put it under air, that did in fact give him greater use of it. He could see an impact on parking on that. The issue here is that the Ordinance of shared parking is very, very difficult to police. If the business does in fact close down and unless he notifies someone about that, there is always the issue of how do you know that LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF AUGUST 21, 1997 the parking is being shared. He noted that the riverfront is a mess and part of it is due to shared parking. Some of the strip malls on U.S. 1 where there is shared parking, for example the Exercise place that was to close at 6:00 P.M. and didn't do it, made it impossible to park there. He felt the Ordinance was a bad one and should be repealed. Mr. Massarelli explained the issue of shared parking to Mr. Thomas, and noted that several businesses sharing a common parking area is not shared parking. He also noted that when site plans, occupational licenses, and modifications to site plans are submitted and evaluated, an accounting of the parking spaces needed on that site is compared with what is being provided to be sure they are adequate. He suggested that if Mr. Thomas's position is taken to the extreme, that there should be no shared parking, it would indicate one business - one site. Mr. Thomas asked how it was enforced. Mr. Massarelli responded that enforcement came through monitoring Occupational Licenses that are issued at each site, and through Code Enforcement. He explained that when complaints are received, for instance, we have gone to businesses and actually count seats. He noted that most of the Code is based on square footage. In the future, staff will recommend that everything be changed to square footage, and not seats. He noted that the number of seats can easily change, but square footage is square footage. He pointed out that this is different from the shared parking issue /40� that City Council has directed be deleted. Mr. Thomas's own personal opinion was that it's a bad ordinance and should be deleted. Mr. Massarelli asked if it was section 5. or 7. that he objected to and Mr. Thomas responded that he objected to both, that neither are totally enforceable at this time. Mr. Massarelli reminded him that if section 5. is deleted, there would be no tools left to deal with this issue. Mr. Thomas again mentioned the request by Capt. Hiram's to remove the canvas cover on the deck. He noted that it was too hot to use that area during the day and felt that by enclosing the area, the usage was increased. He also noted that the fact that he has ample parking now has absolutely nothing to do with the issue. Mr. Massarelli noted that with that situation, there is a fixed number of seats, and these seats can be counted any day by the City. If the seating is violated, he would be brought before the Code Enforcement Board. Mr. Thomas commented that the issue is not the seats, the issue is usage. Mr. Massarelli responded that, for restaurants, parking is measured by the number of seats. He also noted that if enforcement is the problem, then we should probably focus on fixing that problem. He asked if deleting paragraph 7 would fix that problem? Several members commented that it would not. 4 /w" ,_ ;s t ter:. -w,r r►,, �`0 LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION 15�i r - MINUTES OF MEETING OF AUGUST 21, 1997 Mr. Thomas commented that he understood Mr. Pliska's example of one business with three extra parking spaces letting another business use those spaces. He felt that was a legitimate use of °r• shared parking. Mr. Massarelli noted that that was what City Council wants to get rid of. Mr. Thomas noted that that is not what we have, and that is the problem, and too many people complaining about unshared - shared parking. Mr. Massarelli commented that Mr. Thomas probably has brought up the real heart of the problem and a problem that needs to be addressed. He is prepared in the future to get into the details of how to address that issue. But, he noted, tonight's focus should be on whether or not paragraph 7 should be deleted, and if this amendment is consistent with the Comprehensive Plan. Ms. Liz Caldwell, 7658 133rd Square, who owns a restaurant in Sebastian, commented that from her information, there seems to be one business that someone feels is violating this shared parking. She noted that if there was a problem with the number of spaces at Capt. Hiram's, it should have been caught when the para -sailing and party boats were being added. She feels that other businesses are going to suffer because the City did not control the problem to begin with on the river. Her restaurant shares parking with adjacent office parking, and if this amendment is passed, it will stop her business. She asked how the City could tell Dr. Fischer that he could not let her use his parking lot after hours. Mr. Munsart commented that this Agency's role is only to recommend to City Council; the LPA does not legislate. Ms. Caldwell commented that she feels that someone has a bad time with Capt. Hiram's and is wanting to punish everyone in the City for it. Mr. Munsart commented that the only problem at Capt. Hiram's is parking in the right-of-way. Mr. Massarelli noted that the City has passed an ordinance that by resolution, they can designate "no parking areas", and he is sure that is one of the first areas to be addressed. He also explained that when the permit for para -sailing was applied for, the first thing checked was zoning, then checked for adequate parking. If there is not, they contact the applicant and discuss it and count seats. In some cases some other uses are given up. In response to several questions from Ms. Caldwell, Mr. Massarelli noted that according to Code, there is enough parking at Capt. Hiram's. Ms. Caldwell then asked why the subject of Capt. Hiram's parking was even brought up if it is according to Code? Mr. Massarelli responded that City Council has said there is a problem. Mr. Thomas commented on the policing of shared parking. 5 ka- /006� LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF AUGUST 21, 1997 In response to some discussion, Mr. Massarelli noted that City Council has the right to change it, whether it is right or wrong. He again reminded this Agency of their role in finding consistency with the Comprehensive Plan. If the amendment is consistent, then City Council can move forward with it. If the amendment is inconsistent, then City Council cannot move forward with it. There was discussion about the health and welfare of the people, natural resources, open space, more pavement means more possibility of flooding, more pollutants washing into ground water or river. Mr. Massarelli again reminded the members of their responsibility to the Comprehensive Plan. He noted that that decision must be made, and anything further is fine. Mr. Peter Jones, an Architect with Dinadio and Associates, Vero Beach, and Secretary of the Indian River County Chapter of the American Institute of Architects, spoke before the Agency and entered a letter for the record. He read the letter and submitted copies (attached). This letter referred to several sections of the Comprehensive Land Use Plan (CLUP), and indicated the AIA's objection to the deletion of shared parking in Sebastian. He also indicated that this AIA Chapter is offering to work with the City on alternative parking solutions. Mr. Jones and Mr. Thomas had a dialog. Mr. Thomas commented that one of the things that he would like to agree with Mr. Jones is, if in fact, the shared parking issue can be policed properly.... that the shared parking issue could be better served with a standard ordinance rather that a piece of paper like this ... too many holes in it, too many opportunities for cheating. Mr. Ken Chapin, 9880 Oak Trail, noted that he found the most interesting question asked tonight was "why was this issue even brought to this Agency tonight"? He indicated he favored shared parking and noted how very limited the parking is in the riverfront area. He noted three banks down there that might prove advantageous in the shared parking issue. He suggested that if some people are taking advantage of it, tighten it up, but don't eliminate the total concept of shared parking. Mr. Munsart commented that he did not think the old ordinance was contrary to the Comprehensive Plan, and he thinks that 0-97-58 is contrary to the Comprehensive Plan. MOTION by Mather/Kilkelly I make a motion that we do not recommend this ordinance 0-97-58 to the City Council because it is not consistent with the Comprehensive Plan or objective 4.3.1 protective natural drain features; item (2) objective 5.1.1 protect coastal resources, wetland, estuary living marine resources and wildlife habitats; and (3) objective 6.1.2 water quality and quantity; therefore in those areas, I find this not to be acceptable. -1 r LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF AUGUST 21, 1997 Roll call: Mr. Mather - yes Mr. Schulke - yes Mr. Pliska - yes Mr. Munsart -yes Mr. Thomas - no Ms. Kilkelly - yes The vote was 5 - 1. Motion carried. Mr. Massarelli noted that this ordinance is scheduled on next Wednesday's City Council meeting (8/21/97) for the first reading; second reading and public hearing would be October 24th; and the Special Exception ordinance will be sent to the City Attorney for legal review, and we are targeting October 10th for the first reading. COMPREHENSIVE PLAN REVIEW PROCESS - DISCUSSION - LAND DEVELOPMENT CODE REVISIONS Mr. Massarelli passed out proposed future land use maps for the City that were supplied by the Regional Planning Council. He gave the LPA members the project of reviewing these maps and making recommendations concerning changes at the next meeting. Mr. Les Solin of Sohn and Associates spoke about Article II & VI, and the second draft of the Comprehensive Plan Amendments. He noted that Article II has many areas that need amending and he will take care of this. He then referred to the chart on page II -1 and the chart which identifies legislative and quasi-judicial policies. He noted that legislative decisions are a matter of City policy and quasi-judicial decisions are reached after applying City policy to a fact case and coming up with a decision. Mr. Solin noted that when a Comprehensive Plan Policy change is before the LPA for verification, this is dealing with a basic City Policy, and the LPA's responsibility is to insure a fair debate of the issue. He then noted that in dealing with a quasi-judicial issue, such as review of a PUD, the Comprehensive Plan and Land Development Regulations must be complied with. Mr. Solin noted that Section 1-2.5 dealing with Board of Adjustment issues will be re -written as it is not correct as it stands. He noted that he will be providing information on vacation of easements as well as rights-of-way. Mr. Massarelli agreed that some adjustments are necessary in the draft of this document. He also noted that at one time, there was an application form for abandoning a street right-of-way, but there was nothing in the Code and there were no procedures for this. He also noted that the issue of building permits is being covered more adequately and strengthens the City's control on some problems that presently exist and puts time limits on certain events. He then mentioned some other suggestions to control the size of the document. Mr. Sohn suggested some other areas that could also be handled by resolution, which would go 140, even further to limit the size of the document. He also spoke of the mandated regulations by the State Statutes. VA 5 LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF AUGUST 21, 1997 Mr. Massarelli noted page II -13, item B.6., Designate and Appoint Hearing Officers, and commented that City Council has workshopped this issue, heard some alternatives from the City Attorney, and there seems to be strong support from Council for that concept. Mr. Solin went on to Article VI which covers conditional uses. He noted that the issue of open space needs attention, and recommended that adult entertainment should be covered. Mr. Munsart asked if adult entertainment could be prohibited totally, and Mr. Massarelli responded no, that it can be severely restricted but cannot be prohibited. Mr. Solin noted that if any community prohibits this use, they would be subject to substantial litigation. Mr. Massarelli noted the second draft of the Comp. Plan amendments that has been given to each LPA member, and commented that this is the combination of the EAR based amendments, and the staff amendments. He noted that City Council has received copies of the Comp. Plan, and their input was requested on any other issues they want addressed, and these comments should be back by 8/29/97. He noted that at the next LPA meeting, we will be covering the future land use map, any additional refinements on the Comp. Plan amendments, and any issues that City Council wants looked at. Mr. Massarelli targets having a recommendation ready to be sent to City Council in two more 1 meetings; in October, there are two workshops scheduled with City Council to go over this; there is time in November for additional workshops; then the transmittal hearing is scheduled for December 10, 1997. He noted that at that point, the City should be in compliance with the requirements of DCA. Mr. Tom Tempia of Solin and Associates commented on an inconsistency pointed out by Ms. Kilkelly at the last meeting on the existing land use map as well as in the Comprehensive Plan. He noted that mobile homes are listed at six (6) units per acre. Everywhere else they are listed as five (5) units per acre. He suggested that the LPA members give this some attention. He also noted that he is also finishing the glossary and the time line and they will be ready for the next LPA meeting. There was discussion about decisions involving conflicts being made in favor of the City. Ms. Kilkelly referred to LDC page 751 for the Board of Adjustment. The meeting was adjourned at 6:45 P.M. 0 8 (8125197 AB) AIS►. lnrlm River A Chapter of The t,, ,,erican Institute of Architects August 21, 1.997 Chairman and Members Local Planning Agency City of Sebastian 1225 Main Street Sebastian, Florida 32959 RE: CITY LAND DEvE opmENY' CQDE SECTION 20A-8.3.7 SHARED PARKING PROTON- PROPOSED DELETION Dear Chairman and Agency members: The purpose of this letter, is to provide, for the record, this Chapter's objecdon to the proposed deletion of Section 20A 5.3.7, regarding the provision allowing two businesses with different working hours to share the same parking spaces. Our profession has many tools which we may use to provide design solutions to the varied demands of developmad. Many of those tools are in the form of land development code regulations, established for the purpose of comprehensive growth, in the best interests of the public. Shared parking is one of the tools that works in the interest of both the public and the interests of development. Elimination of this toot serves no benefit to the public, the environment, or good planning. Further, the State of Florida mandates that public planning policy must be in concert with policies established by the Comprehensive Land Use Flan (CLUP). Elimination of shared parking is not in concert with City of Sebastian established CLUP policy. That is, the City will end up creating more paving, just to eliminate a management problem. There are three CLUP objectives, and related policies, that would be affected by the elimination of this provisioln. They are: 1)Objective 4-3.1: Protect_NAW 2alW=e FeatureL 2) Objective 5- HaWiam and 3) Objective 6-1.2: Water Quality and Quada. Policies related to each of these objectives don't include language that encourages more paving for parking. In fact, the policies advocate environmentally sensitive design, such as that found in the new urban planning. These approaches include such toots as shared parking, to eliminate the gross paving of our land that the automobile has brought about, We ask that you do not recommend to City Council, the mon of this provision. Our Chapter would be wilding to work with the City on alternative parking solutions, should you wish. Thank you for your time and consideration. Sincerely, Paul Aritenbas, mer President Indian River County Chapter American Institute of Architects P.O. Box 2589 Vero Beach. Florida 32961-2589 —. .--, , C-- - r :7 '_P- 0 c. Drainage Projects. projects Drainage 'ects for years 1996 to 2010 to be determined in Stormwater Management Plan, P previously proposed .for years 1989 to 1995. ' d. Potable Water System. The City has entered into a franchise agreement with Indian River County for provision of potable water services. Between YR 1996 and YR 2010, Indian River County anticipates the following capital improvement for the North County subregional water system franchise area. ° Plant Capacity Expansion to 17 mgd $ 7,172,000 ° Plant Capacity Expansion to 22 mgd $ 6,852,000 Policy 4-2.3.1: Scheduling Needed Capital Improvements. The City Council shall ensure that projects required to meet projected demands through the year 1996 shall be in the Capital Improvements Element of this plan in accordance with the requirements of §163.3177(3), E.—S. GOAL 4-3: PROVIDE ADEOUATE DRAINAGE. PROVIDE ADEQUATE STORMWATER DRAINAGE IN ORDER TO PROTECT AGAINST FLOOD CONDITIONS AND PREVENT DEGRADATION OF QUALITY OF RECEIVING WATERS. OBJECTIVE 4-3.1: PROTECT NATURAL DRAINAGE FEATURES. By September 1990 the City shall amend its land development regulations and incorporate amended performance criteria for floodplain management and stormwater management regulations, including level of service standards. These amended regulations shall be directed toward protecting natural drainage features and ensuring that future development utilizes stormwater management systems consistent with the City's performance criteria as well as criteria of FDER and SJRWMD- Upon completion, of the stormwater management plan in 1994, the City shall reevaluate the perfor- mance standards criteria. The City shall amend development regulations to incorporate the following factors: a. The City shall analyze whether sufficient technical data exists to support increasing the storm event standard for on-site drainage calculations from the current ten (10) year frequency, 24-hour duration, to a twenty-five (25) year frequency, 24-hour storm event (or such other storm design standard as shall be recommended in the master stormwater drainage plan). Also require those drainage improvements for new development which are necessary to ensure that post -development run-off rates, run-off volumes and pollutant loads for new development do not exceed pre - development conditions. r In addition, the City shall coordinate with the Treasure Coast Regional Planning Council, the Florida Department of Environmental Regulation, (FL -DER) and the St. Johns River Water Management District (SJRWMD) in identifying any urban drainage systems which are not compliant with Chapter 17-25, FAC_. Where such non-compliant systems are found to contribute significantly to the degradation of surface waters, the City shall ANO ASSOOX S. t+c 0 aLANVYWQG CoNtSULTAN113 4-13 /40"� coordinate with the FL -DER, SJRWMD, and Indian River County in order to achieve a regional approach to improved drainage and retrofitting as may be appropriate; b. Existing stormwater engineering, design and construction standards for on-site systems should be evaluated and amended as needed; C. Existing standards for erosion and sediment controls should be evaluated and amended, if necessary; d. Periodic inspection of on-site systems shall be required to ensure continuance of system design and maintenance. Policy 4-3.1.1: Ensure that Urban Lands Provide Adequate Drainage and Protection from Flooding and Manage the Retention of Ground and Surface Water at Levels that Enhance Natural Storage CaRacity of Watersheds and Promote Aquifer Recharge. Promote the ecological, biological, and hydrological role that surface waters play in sustaining recharge to aquifers and supporting surface vegetation. Manage the location design and intensity of urban development in order to foster continuance of natural hydrological processes, including preserving recharge areas, promoting on-site retention of surface waters and natural return of surface water into the soil, and channelling excess stormwater volume primarily via natural grassy swales. Require the integration of natural storage areas and natural drainage courses into water management plans for new development. Policy 4-3-1.2: Provide Adequate On -Site Retention and Ground Water Recharge while Directing the Surplus Run-off to Receiving Waterways in a Manner which Prevents .Imbalance to their Ecosystems. Upon adoption of the Comprehensive Plan, the City shall continue to enforce the level of service standards identified for retention/detention in Policy 4-1.1.1. By September 1990 the City of Sebastian shall adopt amended land development regulations which shall include land use controls, such as subdivision regulations, zoning, including site plan review and performance criteria as well as special erosion controls, landscape and flood management ordinances which shall assist in implementing stormwater management and water quality controls. The programs shall be continually updated based on improved knowledge of problems, issues, and best management practices. In FY 1992-93 the City shall commence the engineered stormwater management plan which shall provide recommended regulatory measures designed to protect and preserve water quality, retard runoff, and enhance percolation. By the end of 1994, the Stormwater Management Plan shall be implemented by adopting regulatory ordinances for implementing the Plan. In addition, by the end 1994 the City shall amend the capital improvement schedule by incorporating capital improvement items recommended in the Stormwater Management Plan. Policy 4-3.1.3: Pursue the Development of Adequate Off -Site Surface Water Management Facilities. The City shall monitor at regular intervals the performance of existing off-site drainage facilities, evaluate existing and potential future problems or issues, and pursue the funding of necessary structural and non-structural system improvements for effective surface water sour, At4= ASSOOATOs. r4r-' a.ANCQ.,O CON&AMAWS 4-14 CHAPTER 5: COASTAL MANAGEMENT �...� (reference §9J-5.012(3), F.A.C.) §5-1 COASTAL MANAGEMENT GOALS, OBJECTIVES. AND IMPLEMENTATION POLICIES. This section stipulates goals, objectives, and implementing policies for the Coastal Management Element pursuant to 11163.3177(6)(g) and 4163.3178, F.S.. and §9J-5.012(3), F.A.C.. GOAL 5-1: COASTAL MANAGEMENT. RESTRICT DEVELOPMENT ARIES THAT WOULD DAMAGE OR DESTROY COASTAL RESOURCES AND PROTECT HUMAN LIFE AND LIMIT PUBLIC EXPENDITURES IN AREAS SUBJECT TO DESTRUCTION BY NATURAL DISASTERS. OBJECTIVE 5-1.1: PROTECT COASTAL RESOURCES, WETLANDS, ESTUARY. LIVING MARINE RESOURCES, AND WILDLIFE HABITATS. By September 1990 the City shall adopt amended land development regulations including performance standards designed to protect, conserve, and enhance wetlands and other natural resources, including estuarine environmental quality, by: a. Preventing potentially adverse impacts of development and redevelopment on wetlands and estuaries; b. Maintaining or improving estuarine environmental quality by improving stormwater management by commencing the stormwater management plan identified in Policy 4- �.•.y 2.1d.1. The plan shall provide a basis for adopting regulatory measures for enhancing estuarine water quality and shall identify capital improvements needed to improve the stormwater management system. By 1994 these regulatory measures recommended in the stormwater management plan shall be incorporated in the land development regulations and the recommended capital improvements shall be incorporated in the Comprehensive Plan capital improvement schedule. C. Minimizing potential adverse impacts of development along the Indian River Lagoon, including estuarine resources such as living marine organisms, seagrasses, coastal marsh, and mangroves together with adjacent environmentally sensitive transition areas; and d. Regulating the impacts of development on wildlife habitats. These objectives shall be accomplished as herein below cited as well as through coordination with the St. Johns River Water Management District and through the Indian River Lagoon SWIM program. Policy 5-1.1.1: Development Restrictions in Wetlands. The City shall enforce its wetland protection ordinance which shall restrict development within wetlands and shall require consideration of dedication of conservation easements by applicants for upland development who also own title to adjacent wetlands. By September 1990 the City shall amend its land development code to include performance criteria which prohibits development of wetlands. Wetlands shall be defined based on the • SOLMV ANO AS,SOCIATE$. MVC.PLAN V 40 CON 3LP-TANTS 5-1 E presence of hydric soils and/or wetland vegetation. Hydric sons shall be those defined by the Indian River County Soil Conservation District and wetland vegetation shall be as defined in the FDER, Florida Administrative Code. Policy 5-1.1.2: Protect the Indian River Lagoon. By September 1990 the City shall adopt amended land development regulations which include performance criteria mandating that the potential impacts of proposed shoreline development be analyzed as part of the process and prior to approval of a development permit. The applicant shall bear the burden of demonstrating that potential adverse impacts on estuarine resources have been or shall be prevented or that compensatory mitigation shall occur. The review process shall involve all local, State, and regional entities with jurisdictional authority. Impacts to be considered shall include the following but not be restricted to: prevent estuarine pollution; control surface water run-off; protect living marine resources; reduce exposure to natural hazards; ° ensure adequate public access; and ensure adequate sites and standards related uses. for regulating water -dependent and water - The City shall not approve a development order until the City has considered the potential impacts identified by the applicant and other public entities having jurisdiction over the impacted resources. By September 1990 the City shall coordinate with the St. Johns River Water Management District and use resources available through the Surface Water improvement Management (SWIM) program sponsored by the SJRWMD. Policv 5-1.1.3: Protect. Stabilize, and Enhance the Estuarine Shoreline. By September 1990 the City shall incorporate criteria within the land development regulations which stipulate that no native vegetation shall be removed from the estuarine shoreline without a duly authorized permit. Similarly, criteria shall be included in the land development regulations which require that applicants for development along the estuarine shoreline shall be required to revegetate, stabilize, and enhance damaged estuarine shorelines by planting native vegetation, including mangrove and/or other native estuarine plant species which: a. Contribute to marine productivity and water quality; b. Offer protection from erosion and flooding, and C. Contribute to the natural soil building process. Hardening of the estuarine shoreline with rip -rap, bulkheads or other similar devices shall not be allowed unless erosion constitutes a critical peril to upland property and the use of vegetation has failed to stabilize the shoreline. Such shoreline hardening structures shall generally not be vertical seawalls or bulkheads and shall comply with performance standards herein cited in Policy SOLIN ANO TUS. f4qr_ C_ANfM 5-2 5-1.2.1(c). The specific location and design of such structures shall be approved by the City as �"+`►� well as by other public entities having jurisdiction in the matter. Land development regulations shall incorporate performance criteria governing the location and design of such structures. Policy 5-1.1.4: Protect Livine Marine Resources, Coastal Marsh. and Seagrass Beds. By September 1990 the City shall adopt amended land development regulations which include performance criteria which shall regulate against adverse impacts of development on seagrass beds and. coastal marsh areas. Since these areas are sensitive to increased turbidity and other forms of pollution, water run-off and introduction of nutrients shall be regulated through effective water quality management criteria. The land development regulations shall require that plans for development impacting marine resources be coordinated with state agencies having jurisdiction prior to the City granting plan approval and/or prior to release of any permit for construction. Policy 5-11.5• Manage Impact of Coastal Development on Tidal Flushing and Circulation Patterns. Tidal flushing and circulation patterns generally shall not be altered by development activities. No development shall produce changes in the tidal flushing and circulation patterns unless the City and other public agencies having jurisdiction have granted requisite permits. No such permit shall be granted by the City unless all other agencies having jurisdiction have granted clearance and the applicant has submitted hydrographic information sufficient to clearly demonstrate that no adverse environmental impacts shall be occasioned by the proposed changes in tidal flushing and circulation patterns. Finally, no alteration in tidal flow shall be permitted which causes stagnation or siltation. rwft*N Policy 5-1.1.6: Promote Propagation of Fish and Wildlife. The City shall incorporate criteria in the land development regulations which requires consideration of the impact of development on submerged lands and other habitats for fish and wildlife. The criteria shall be implemented to ensure maintenance of essentially natural conditions in order to further the propagation of fish and wildlife as well as public recreation opportunities. OBJECTIVE 5-1.2: SHORELINE USES AND PUBLIC ACCESS TO SHORELINE. By September 1990 the City shall adopt amended land development regulations which include performance criteria ensuring implementation and enforcement of the Comprehensive Plan land use policies for prioritizing shoreline uses. In developing land use policies for shoreline uses, the following policies shall be implemented to achieve this objective. Polio 5-1.2.1(1): Criteria For Prioritizing Shoreline Uses and Public Shoreline Access. In reviewing applications for shoreline development first priority shall be directed to the following shoreline uses: a. Non-structural shoreline protection uses such as native shoreline revegetation programs; b. Approved water -dependent estuarine shoreline uses such as: pervious accessways and duly permitted dock facilities and commercial marinas. All such facilities shall satisfy all provisions of the City's land development code and obtain requisite permits from all r00**1 environmental permitting agencies prior to obtaining City approval. Newly proposed marinas shall not be approved unless the applicant demonstrates that the marina site is SOL" AAQ Tom. rNel I PL►POW4-0 TANTS 5-3 fAft� CHAPTER 6: CONSERVATION ELEMENT (reference §9J-5.013(2), F.A.C.) §6-1 CONSERVATION GOALS, OBJECTIVES, AND IMPLEMENTATION POLICIES. This section stipulates goals, objectives, and implementing policies for the Conservation Element pursuant to 1163.3177(6)(d), F.S., and §9J-5.013(2), F.A.C. GOAL 6-1: CONSERVATION. THE COASTAL COMMUNITY OF SEBASTIAN SHALL CONSERVE, PROTECT, AND APPROPRIATELY MANAGE THE CITY'S NATURAL COASTAL RESOURCES IN ORDER TO ENHANCE THE QUALITY OF NATURAL SYSTEMS WITHIN THE COMMUNITY. OBJECTIVE 6-1.1: PROTECT AIR OUALITY. By September 1990 the City shall adopt amended land development regulations including performance standards which ensure that development meets or exceeds the minimum air quality standards established by the Florida Department of Environmental Regulations (DER) and shall establish regulatory programs to prevent and/or minimize non -point sources of air pollution (note: the City has no point sources of air pollution). /0001\ Poligy 6-1.1.1: Combat Erosion and Generation of Dust Particles. Land development regulations shall incorporate performance standards which combat erosion and generation of fugitive dust particles. The regulations shall require that measures be taken on building sites or cleared areas which assure that exposed, destabilized, or other altered sod is expeditiously covered with an acceptable erosion control material. . Policy 6-1.1.2: Air Pollution and Land Use Regula, tions. The City's adopted land development regulations, including adopted soil erosion and sedimentation controls as well as nuisance abatement standards shall continue to protect against loss of air quality by maintaining land use controls which promote only activities compatible with existing land uses and natural systems and prohibit activities which generate air pollutants and other adverse impacts on the environmentally fragile coastal ecosystem. OBJECTIVE 6-1.2: WATER OUALITY AND OUANTITY. By September 1990 the City shall adopt amended land development regulations which ensure that new development shall be serviced with an adequate supply of potable water which meets State standards. Land development regulations shall include administrative procedures and a site plan review process which mandate technical review of public facility plans during site plan review. The procedures shall also mandate coordination among the developer, the City and other public or private entities supplying potable water or having jurisdictional authority regarding potable water service delivery systems. The City shall not approve a development order unless the public agency having jurisdiction over potable water systems has had an opportunity to participate in the review of the potable water service system. By September 1990 the City shall amend its land development regulations and include performance criteria designed to conserve and protect the quality of current and projected future SOLN ,A 1% ASsOOWMEL INC. pLaN�IG cONSLa.Ts1NTS 6-1 water sources and surface water run-off. The land development regulations shall include administrative and site plan review provisions which require that water supply and quality issues be coordinated with State, regional, and County governments having jurisdiction. Prior to 1991 the City shall coordinate with the St. Johns River Water Management District for purposes of using resources available through the Surface Water Improvement Management (SWIM) program in order to enhance water quality especially surface waters which are directed to the Indian River Lagoon. Table I-1 and Map I-9 in the land use element identify natural resources which shall be either conserved or shall undergo restrictive development as defined in footnote #1 within Table I-1. In addition, the Future Land Use Map Series delineates natural resources, the -future use of which, are specifically identified in the aforementioned Table I-1 and Map I-9. Cross-reference Objective 6 -1.9 and Policy 6 -1.9.1. Policy 6-1.2.1: Water Oua]itV, Surface Water Management and Land Use. Land development regulations shall incorporate the following performance standards in order to protect the quality of the City's water resources and to conform with policies of the Hutchinson Island Planning and Resource Management Plan: a. Surface water management systems shall be designed and constructed to retain or detain with filtration, as a minimum the stormwater run-off generated from the first one -inch of rainfall over the entire site. The stormwater design standard shall be predicated on the following: Off-site: 25 year, 24 hour design storm On-site: 10 -year, 24 hour design storm. b. A vegetated and functional littoral zone shall be established as part of the surface water management system of lakes occurring on all property. Prior to construction of the surface water management system for any phase of a project, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of these systems. The plan should: i. Include typical cross sections of the surface water management system showing the average water elevation and the -3 foot contour (i.e., below average elevation); U. Specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting to be provided; and iii. Provide a description of any management procedures to be followed in order to assure the continued viability and health of the littoral zone. The littoral zone as established should consist entirely of native vegetation and should be maintained permanently as part of the water management system. As a minimum, 10 square feet of vegetated littoral zone per linear foot of lake shoreline should be established as part of the surface water management system. SOLMV ANO ASSOOATSS, MVC. PLAPANAYO CONSULTANTS 6-2 r Poli 6-1.2.4: Preserve and Enhance Lagoon and Canal Shoreline. In order to stabilize areas susceptible to shoreline erosion, such as shorelines along canals and the Indian River Lagoon which are susceptible to erosion, land development regulations shall require that all new development preserve shoreline native vegetation and revegetate areas along shorelines demonstrating historically erosive tendencies. Policy 6-1.2.5: Protect Deep and Surficial Aquifer Recharge Areas. The City has no PP rime dee aquifer recharge areas which have been identified by the St. Johns River Water Management District. However, stipulations for protecting surficial aquifer recharge areas shall be incorporated into the City's land development regulations which require retention of open space for all development in order to: Preserve the quality and quantity of water resources within the surficial aquifer, Promote improved surface water management; and Create natural or landscaped urban green space for enhanced community aesthetics and passive pedestrian activities. Policy 6-1.2.6• Deep Aquifer Water Conservation. In order to protect the quality and quantity of deep aquifer water resources, the City shall coordinate with the St. Johns River Water Management District and other applicable regulatory agencies in identifying the existence and location of free flowing deep aquifer wells and in requiring corrective measures, includ lieg capping, plugging, or installing regulatory devices which control the discharge of water from deep aquifer pursuant to the St. Johns River Water Management District policies. Policy 6-1.2.7• Protection and Conservation of Potable Water Supply. By September 1990 the City shall amend the land development regulations by incorporating performance criteria for potable water wellfiield protection. In addition, administrative procedures shall require applicants for development to coordinate with the St. Johns River Water Management District in obtaining consumptive use permits. In order to comply with policies of the Hutchinson Island Planning and Resource Management Plan, to conserve potable water supply, and to achieve a reduction in the current rates of water consumption, land development regulations shall incorporate the following performance standards: a. Where nonpotable alternative sources of irrigation water are available, potable water supplies may not be used to meet irrigation needs. b. Require the use of water -saving plumbing fixtures on all new development. C. In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least thirty (30%) percent of all landscaping material obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site. Further, at least fifty (50%) SCUM ANO ASscOATFS..4c. SAN TANTS 6-5 L percent of all trees used in landscaping shall be native species adapted to soil and climatic conditions existing on-site in order to lessen water demand. Policy 6-1.2.8: Emereencv Conservation of Water Sources. The City shall coordinate with the St. Johns River Water Management District (SJRWMD) in implementing emergency water conservation measures based on the SJRWMD plans for management of the region's water resources. Policy 6-1.2.9• Managing Land Use Surrounding Water Well Cones of Influence. By September 1990 the City shall adopt amended land development regulations which contain performance criteria designed to protect potable water supply and quality by restricting land development within water well cones of influence in order to avoid potential adverse impacts on potable water resources. The Comprehensive Plan shall be amended in order to identify the cone of influence for public wellfields. The data for this task was not available for including in this March, 1990 edition of the Plan. Poliry 6-1.2.10: Protect and Conserve Lakes and Estuarine Areas. In order to protect lakes and estuarine areas, such as Schumann Lake, the Indian River Lagoon, and the Sebastian River, the City's land development regulations shall include performance criteria designed to regulate against land development activities which adversely impact water quality, contribute to shoreline erosion and sedimentation, or otherwise threaten the long term existence of lakes and estuarine areas. The intent of the regulatory measures shall be to conserve the lakes and estuarine areas and protect these coastal resources from detrimental impacts of development. r''",N OBJECTIVE 6-1.3: MAINTENANCE OF FLOODPLAIN. By September 1990 the City shall adopt amended land development regulations which include performance criteria designed to protect the natural functions of the 100 -year floodplain in order to protect and maintain its flood - carrying and flood storage capacity. Policy 6-1.3.1: Enforce Policies to Maintain Floodplain. The City shall continue to enforce its surface water management and flood damage prevention regulations, §20A -10.2(H), Land Development Code of the City of Sebastian (as currently exists and as may hereinafter be amended). New development encroaching into the floodplain shall incorporate flood protection measures sufficient to protect against the 100 -year flood. The City's Stormwater Management and Flood Protection Ordinance shall maintain consistency with program policies of the Federal Insurance Administration. The City shall monitor new cost effective programs for minimizing flood damage. Such programs may include modification to construction setback requirements or other site design techniques, as well as upgraded budding and construction techniques. Policy 6-1.3.2: Purchase of Floodplain. The City shall identify and recommend to the State and the St. Johns River Water Management District purchase of floodplains that would comply with program guidelines established under the Conservation and Recreation Lands (CARL) Program or the Save Our Rivers (SOR) Program. OBJECTIVE 6-1.4: PROTECT AND PRESERVE WETLANDS. By September 1990 the City shall adopt amended land development regulations which include performance criteria designed to protect and preserve wetlands from physical and hydrologic alterations. sates ANO ASSOCATEIL 9v= PLAN C=NSULTANTS 6-6 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 APPROVED AT MEETING HELD r"*� CARL A. FISCHER, CHAIRMAN 1--e- az�tJ V&t� E. ANN BRACY, RECORDING SECRETARY CDORRIBOSWOR SECRETARY n f"011\ 1 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 21,1997 Vice Chairman Munsart called the meeting to order at 7:07 P.M. ROLL CALL: PRESENT: VC Munsart Mr. Driver (a) Ms. Kilkelly (a) Mr. Thomas Mr. Mather Mr. Schulke Mr. Pliska EXCUSED ABSENCE: Chmn. Fischer Ms. Vesia ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Tracy Hass, Planner II Ann Brack, Recording Secretary ANNOUNCEMENTS: Vice Chmn. Munsart noted that Ms. Kilkelly and Mr. Driver will be voting in place of the absent members tonight. Vice Chmn. Munsart also announced that Chmn. Fischer, on August 13, 1997, signed off on a minor modification for 1069 Main St., Steven Lulich's office, to enclose a carport that is already under roof, for inside storage. APPROVAL OF MINUTES: (Regular meeting - 8/7/97, and LPA meeting - 8/7/97) MOTION by Mather/Driver I make a motion that we approve the minutes of the regular meeting of August 7, 1997. A voice vote was taken. 7 - 0 motion carried. MOTION by Mather/Driver I make a motion that we approve the minutes of August 7, for the Planning and Zoning Commission for the Local Planning Agency. A voice vote was taken. 7 - 0 motion carried. /0111 /001� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 At this point, Vice Chmn. Munsart welcomed Mr. Harry Thomas to his first meeting since being appointed to the Planning and Zoning Commission. OLD BUSINESS: A. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1790 STARFISH LANE - MICHAEL ESTES - VENDING MACHINE SERVICE Mr. Michael Estes, 1790 Starfish Lane, Sebastian Highlands was present. There were thirteen notices of hearing sent out. There was one objection letter and no non- objection letters received. A copy of the objection letter was given to the applicant. Mr. Estes gave a brief presentation. Ms. King gave staff presentation, reminded the applicant of the regulations, and recommended approval. Vice Chmn. Munsart opened and closed the public hearing at 7:12 P.M., and there was no public input. The applicant responded satisfactorily to questions from several Commission members. MOTION by Pliska/Kilkelly I make a motion that we approve Estes Vending for Michael Estes, at 1790 Starfish Lane, Lot 23, Block 4012 Sebastian Highlands Unit 11. Roll call: Mr. Pliska Mr. Driver Mr. Thomas Mr. Mather The vote was 7 - 0. Motion carried. - yes Mr. Schulke - yes - yes VC Munsart - yes - yes Ms. Kilkelly - yes - yes B. RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - RESIDENTIAL UNIT IN GMC ZONING - 404 INDIAN RIVER DRIVE Mickey Capp assisted Mr. Edward Balme, of 404 Indian River Drive, Sebastian, in answering any questions. Mr. Capp gave a brief presentation explaining the addition of another structure on the property at the above address. Mr. Hass gave staff presentation and recommended approval. It was determined this structure is not an accessory building. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 MOTION by Mather/Thomas I make a motion to the City Council for approval of a dwelling - additional unit on 404 Indian River Drive, Sebastian, Florida, for Edward D. Balme, with the conditions of item eleven (11) and item ten (10) and the recommendations of staff on item sixteen (16), and the report as so drafted to them, the Board. Roll call: Mr. Driver - yes VC Munsart - yes Mr. Thomas - yes Ms. Kilkelly - yes Mr. Schulke - yes Mr. Mather - yes Mr. Puska - yes The vote was 7 - 0. Motion carried. NEW BUSINESS: C. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 591 BISCAYNE LANE - WILLIAM WEST - FINANCIAL BROKERAGE SVCS Mr. William West, 591 Biscayne Lane, Sebastian, was present. There were sixteen notices of hearing sent out. We received no objection or non -objection letters received. Mr. West gave a brief presentation. Ms. King gave staff presentation and recommended approval. MOTION by Driver/Mather I make a motion that we approve the Home Occupational License for West Financial Holdings, Inc., dba U.S. 1 Export Finance, William V. West, Jr. at 591 Biscayne Lane, Sebastian. A voice vote was taken. 7 - 0 motion carried. D. PUBLIC HEARING - MODEL HOME PERMIT RENEWAL - TOZZOLO BROTHERS CONSTRUCTION -1271 BARBER STREET No one was present representing Tozzolo Brothers, but traditionally, when there have been no problems, the renewal is handled automatically and at the discretion of the Planning and Zoning Commission. 10� Ms. King gave staff presentation, noted there are no existing code violations, none have been reported during the last permit year, conditions have not apparently changed and staff would recommend approval. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 MOTION by Mather/Driver I make a motion that we approve Tozzolo Brothers Construction Company for their model home at 1271 Barber Street, Lot 20, Block 272, Sebastian Heights. A voice vote was taken. 7 - 0 motion carried. RECOMMENDATION TO CITY COUNCIL - SITE PLAN REVIEW - EXXON SERVICE CENTER - BAYROCK INVESTMENT COMPANY - CR 512 & S. FLEMING STREET - CHESSER'S GAP PUD Mr. Massarelli gave staff presentation and explained that this is in a PUD, and a site plan is a Preliminary Development Plan, with the modifications that have been made with procedural changes to the Land Development Code. He then noted that Preliminary Development Plans now go before City Council for approval. The Planning and Zoning Commission's action tonight is to make a recommendation to City Council on this Preliminary Development Plan. He noted that the portion of the property that was originally designated for a fast food restaurant has been left blank as there has been no finalized contract for such restaurant. There was discussion on the actual direction of the project. Mr. Randy Mosby of Mosby and Associates, Vero Beach, was present representing the applicants. He noted that this project is on an angle, then went on to define the present status of Chesser's Gap and any changes to the original PUD. He commented that Sebastian seemed to be the only City he knew of that considered "a column with a roof on it as a building". He disagreed with the City Engineer's opinion on drainage and traffic. He suggested that if this Commission approves this project, it be made not with staff report recommendations, but on information from the traffic engineering consultant for this project regarding whether or not left turn lanes are required. He noted that a major right turn lane will be installed. He noted that Indian River County has reviewed it, right-of-way permits have been obtained. He commented that he hopes to resolve these issues with the City Engineer. He also mentioned two (2) pine trees that will have to be removed and plans are to install six (6) additional trees over the required number. In summary, he noted that Exxon Corporation is ready to move immediately upon approval. Mr. Massarelli pointed out areas on the site plan where, through a re -design, many trees were saved. In his opinion, the water, sewer and drainage issues have been adequately addressed. He noted that the issue in question on the City Engineer's traffic evaluation is a turn lane on South Fleming into the Elks property and then into the property where the gasoline station is located. Because this goes to City Council, he recommended that the City Engineer work with the Traffic Engineer during this period to try to resolve it. Otherwise, he commented, City Council can make the decision if the City Engineer and Traffic Engineer cannot come to terms. Staff recommends that the Planning and Zoning Commission recommend to City Council approval of the site plan, with compliance with the City Engineer's recommendations. He noted that the City Engineer may change her recommendation between now and then by working with the applicant, and if not, the City Council can always override this Commission's recommendation if they don't reach an agreement. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 In reference to the under -ground storage tanks, Mr. Mosby noted that this new equipment is all state-of-the-art design, will conform to all FDEP and any other regulations necessary. There was discussion on the driveway by the Elks, traffic generation, color and materials. Vice Chmn. Munsart noted the 141' driveway on the plan and commented that no lighting is indicated on it. It was suggested that additional lighting be made a condition in the motion. MOTION by Thomas/Driver I would like to move that contingent approval be given for the Bayrock Investment Center, be approved conditioned upon approval of the City Engineer and the client, as well as the lighting conditions. Roll call: Ms. Kilkelly - yes Mr. Thomas - yes Mr. Mather - yes Mr. Schulke - yes Mr. Pliska - yes Mr. Munsart - yes Mr. Driver - yes The vote was 7 - 0. Motion carried. Mr. Massarelli noted that this Commission must issue a report to City Council, and recommended that the two staff reports be adopted, with the change in conditions as identified, as this report to City Council. MOTION by Driver/Thomas So moved. A voice vote was taken. 7 - 0 motion carried. SITE PLAN REVIEW - SKYDIVE SEBASTIAN ADDITIONAL PARKING - A. GRIMWADE - 400 W. AIRPORT DRIVE - SEBASTIAN AIRPORT Mr. Bruce Cooper, Bruce Cooper Consulting, 6565 Whispering Pines Lane, Grant, Florida, was present representing the applicant. He gave a short presentation and noted that overnight parking may be needed and lighting would be provided. He emphasized that there would be no "camping" at this parking area. Mr. Randy Mosby of Mosby and Associates, Vero Beach, also spoke for the applicant. He commented that this parking addition is passive, and is intended for over -flow parking. He also raised the issue of overnight parking without proper lighting. Mr. Massarelli gave staff presentation and noted that Skydive Sebastian leases this land from the City for the purpose of parking, and zoning regulations would consider this to be an accessory use 5 /4020\ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 He also commented that the conceptual design was done to minimize the impact to the trees, and complimented the applicant on working with the environment. The dumpster problem on this site is being addressed to solve that problem. A high intensity cross- walk was included from the parking area to Skydive, which was not included originally. Mr. Massarelli went on to note other issues that were addressed on this conceptual plan such as native vegetation to eliminate irrigation, and the lighting. He went on to address the issue of lighting in this parking area, and the current special use permit for camping elsewhere on the site. He suggested the need to make it very clear that there will be no camping or overnight parking on this parking area and the easiest way to do this is not to permit overnight parking and require no lighting. Therefore, staff recommends no lighting and posting signs that state "no overnight parking". There was much discussion on the lighting issue, including night diving and after -dark use of the facility. Mr. Cooper noted that the Land Development Code does not restrict over -night parking, and the plan meets the Land Development Code. Mr. Massarelli respectfully disagreed with Mr. Cooper and noted that because there is a Special Use Permit for camping on this property, he felt that the City does have the right to restrict parking in these other areas to ensure compliance with the Special Use Permit. He did agree that when special events take place, people should be able to park in this area, but if no activities are going on, the City should be able to impose no over -night parking in this area. Mr. Schulke suggested that this is just a parking lot, so give them a permit. Vice Chmn. Munsart suggested that if there is a motion to approve, it should include illumination and parking when there are special activities going on. Mr. Cooper suggested that the applicant's intention is to use the parking lot at any time, and not use it for camping, and would agree with a condition to the site plan for illumination for the parking lot. MOTION by Mather/Kilkelly' I make a motion that we approve Skydive Sebastian parking addition, 400 Airport Drive, with the following at the site - to include a lighting plan, I also think there should be no camping signs posted on the property to prevent users from parking at night. Roll call: Mr. Pliska - yes Mr. Schulke - yes Mr. Driver - yes Mr. Munsart - yes Mr. Thomas - no Ms. Kilkelly - yes Mr. Mather - yes 6 ka PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 The vote was 6 - 1. Motion carried. A break was taken at approximately 8:40 P.M. All members previously in attendance returned at 8:50 P.M. 60 RECOMMENDATION TO CITY COUNCIL - SEBASTIAN LAKES PUD - LENNAR N.E. PARTNERS LTD. 1. Preliminary Development Plan for the Preliminary Plat Mr. Massarelli explained that this Preliminary Plat is to subdivide the tract into four (4) lots and two Site Plans, one for a Walgreens and one for a Bank. He suggested that the five (5) staff reports be handled as one because they are all inter -related. Mr. Joe Mayer, President and owner of Bussen-Mayer Engineering Group, Inc. was present representing the applicant and gave the applicant's presentation. He noted that all permits have either been obtained or applied for, and the development plan meets with all agreements. He proceeded to show color photos and drawings of the planned exterior of the buildings. Mr. Pliska asked if the City Engineer looked at the traffic flow and asked if Roseland Road would handle the traffic. Mr. Massarelli responded that the City Engineer has these documents, and no comments have been issued by her Department, and she has not indicated verbally any problems with the traffic in that area. He referred to a copy of the Developers Agreement attached to each member's packet, and noted the section labeled "traffic facilities", and commented on the Laconia Street improvement plan which will be undertaken very soon. He noted that the City cannot require anything additional to what is included in the Developers Agreement. The traffic issue was discussed further as was the issue of aligned exits versus staggered exits. It was established that standard engineering practice lines up driveways for safety. Mr. Mather pointed out a driveway behind the proposed building and suggested a stop sign and stop bar. Mr. Mayer agreed to give that driveway additional attention. Ms. Kilkelly suggested construction of a barrier to protect the shrubbery by the Library during construction so it doesn't get damaged. Mr. Mayer agreed to use a "silk fence" of black mesh. Ms. Kilkelly suggested including this condition in the motion. Mr. Massarelli noted that the applicant has indicated that phase one (1) and two (2) are anticipated to commence within thirty (30) to sixty (60) days of the receipt of all permits, and will be completed within six (6) months; phase three (3) is expected to be constructed within three (3) years of receipt of all permits. Mr. Massarelli proceeded to note that staff would recommend that the Commission recommend to 7 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 City Council the approval of the preliminary plat for this Commercial Center with the conditions that are noted on the staff reports, with the addition of the stop sign and stop bar as indicated by Mr. Mayer, and a stop bar and sign at the entrance drive from the First National Bank property closest to the Walgreen's drive-through; and where the do -not -enter sign is, there should be a stop sign on the other side. Mr. Thomas asked Mr. Mayer what business was anticipated for Phase III. Mr. Mayer responded that the building is very small, and it anticipated that possibly a dental or doctor office or real estate office or some small retail use. He noted that when the Phase III use is determined, the site plan will come back before this Commission for approval. The landscape plan was discussed. There was discussion about the one year or eighteen month time limit on the final plat. Mr. Mayer noted that if there is a problem with that issue, his applicant would agree to the one year time limit. Ms. Kilkelly noted an error on pages two (2) and seven (7), the correction should LDC Section 20A -4.5(c)2. MOTION by MatherfMomas I make a motion that we recommend to City Council approval of the Preliminary Development Plan for the Preliminary Plat for Walgreens and First National Bank, with the staff's recommendation that the Final Plat approval be within twelve (12) months, and be at the perimeter of the PUD Plat shall be landscaped in accordance with the code requirements represented on the Site Plan, and the staff report be accepted as the Commission's report to the Council. Roll call: Mr. Driver - yes Mr. Thomas - yes Mr. Schulke - yes Mr. Pliska - yes The vote was 7 - 0. Motion carried. 2. Preliminary Plat MOTION by Mather/Driver VC Munsart - yes Ms. Kilkelly - yes Mr. Mather - yes I make a recommendation to the City Council for approval of the Preliminary Plat for Walgreen's and First National Bank and the staff's report with changes from eighteen (18) months to twelve (12) months, and corrections on 20A -4.6(C)2 to 20A -4.5(C)2. A voice vote was taken. 7 - 0 motion carried. 8 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 3. Preliminary Development Plan for Walgreens and First National Bank MOTION by Mather/Driver I make a motion that we approve the Preliminary Development Plan approval for the Walgreens and First National Bank, to the Council, star's recommendations also, change to Section 20A -4.5(C)2, the final Plat approval will be within twelve (12) months instead of eighteen months, and that the perimeter of the PUD shall be landscaped in accordance with Code requirements. Discussion: Ms. Kilkelly noted that the date on the referenced Developers Agreement should be 1994. Mr. Mather amended his motion to include "to change that on page three (3) to 2-4- 94". Mr. Driver seconded the amendment. A voice vote was taken. 7 - 0 motion carried. 4. Site Plan Review - Walgreens MOTION by Mather/Driver I recommend to City Council the approval of the Site Plan approved for Walgreens in the Sebastian Lakes Subdivision with the ... and accepting the staff's report with the change to final PUD within twelve (12) months, the staff's recommendation for additional stop bar and sign, stop bar and stop sign at the end of the drive-through by Walgreens, and for silk screening along the Library, per site plan drawing dated July 29, 1997, project 285801 by Walgreen's Bank Site, by Bussen-Mayer Engineering Group, project No. 285801, sheet 1, sheet 2, sheet 3, sheet 4, sheet 5, sheet 6, sheet 7, 8, 9, sheet 10, and the landscaping by Daniel H. Carter, Landscape Architect, Delray Beach, dated 8/4/97, job number 97071, sheets 1 and 2. A voice vote was taken. 7 - 0 motion carried. 5. Site Plan Review - First National Bank MOTION by Mather/Driver I'd like to recommend to City Council the approval of a Site Plan for First National Bank, Sebastian Lakes Subdivision, with the staff's recommendation with the following, that the PUD be approved within twelve (12) months, and the staffs recommendation of the stop bar and sign placement by the one-way drive on the Southeast section of the property, the landscape must be enhanced with a minimum of four (4) additional trees of the interior landscape, per print of C. Block Architects, 8 /13/97, the top sheet is First National Bank, the second sheet is A-1. A-4 and A-5; on the A-1 the date of 10/14/96, and on the A-2 the date is 10/14/96, on the A-5 the date is 10/14/96, and the same paragraph changes of the A20 -5.6(C)2. 9 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 A voice vote was taken. 7 - 0 motion carried. SITE PLAN REVIEW - SEBASTIAN PRESBYTERIAN CHURCH - BUILDING ADDITION -1405 LOUISIANA AVENUE Mr. John Dean, 2223 10th Avenue, Vero Beach, who is the architect for the project, was present representing the applicant. He noted that four members from the building conunittee were also present to answer any questions. He gave a brief presentation on the project. Mr. Hass gave staff presentation and recommended approval of the Site Plan. MOTION by Thomas/Mather I recommend that the site plan approval application by the Sebastian Presbyterian Church at 1405 Louisiana Avenue be approved for presentation to the Council. The prints have been supplied by John H. Dean, Architects and Associates and they are dated August 14, 1997, sheets S-1, A-2, A-3 dated 8/12/97, as is A-2, as is S-1. A voice vote was taken. 7 - 0 motion carried. RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - RESIDENTIAL UNIT IN "IN" ZONING - 633 OLD DIXIE HIGHWAY Mr. Casey Walker, 21 Tarpon Drive, Vero Beach, was present in behalf of Constance Spates. (Also present was Ms. Amy J. Kost of J R Reporting Associates, Inc., Melbourne, FL. as a court reporter for this issue.) He noted that his applicant is requesting a residential use of a present apartment at the warehouse, and a variance for the waiver of the minimum square footage. He referred to page two (2) of the staff report and proceeded to explain the need for security at the site and submitted copies of police reports to Commission members. There was some discussion on how to interpret the report as to the number of occurrences. Ms. Spates, the applicant, noted that when she picked up these reports from the Sebastian Police Department, she was told that the figures reflected separate events. There was further discussion on the need for security, the type of equipment stored there, and the actual use of the apartment. Mr. Walker noted another similar use permitted in 1987 in the same vicinity. Mr. Massarelli gave staff presentation and noted that the variance for the requested 362 sq. ft. apartment would be issued by the Board of Adjustment and would require a separate application for that to that Board. He also noted that certain criteria is required for such variance, including that the request is unique to that piece of property, and that it is not a self-imposed hardship. Mr. Massarelli also noted that those two tests could probably not be met. 10 /Oml1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 Staff recommends a conservative position be taken because of the prohibition of residential uses within industrial area, and noted that the provision in the Comprehensive Plan limits the area for a watchman to 150 sq. ft. Staff also noted that the applicant has indicated that the use is not similar with uses allowed in the industrial zoning district, and this Commission is required to make a finding that the use is similar to the uses allowed in the zoning district. Staff recommended denial of this Special Use Permit. Mr. Schulke suggested that conditions could be recommended to City Council in reference to the person and his purpose who would reside in this apartment. VC Munsart pointed out that security could be provided without an apartment. Mr. Walker referred back to the Comprehensive Plan and cited his interpretation of several issues. MOTION by Driver/Thomas I make a motion that we approve the Spates On-site Security Apartment at 6330 Old Dixie Highway which includes Lot 18, 19 and 20, Lot 4 Sebastian Grove Estates for Ms. Constance Spates. Discussion: Mr. Massarelli reminded the Commission that this should be a recommendation to City Council, and that they should include their finding in the motion. He also called their attention page 4, paragraph 13 of the staff report. Among other issues, he noted that if approved, a site plan will be required, and the building would need to be inspected by the Building Inspector and the Health Department would check the well and septic. In response to a question by Mr. Thomas, staff responded that the Building Department was never aware of a change of use from manufacturing to warehouse and there were no occupational licenses issued before last week. He noted concern from the history of the building and the electrical. Ms. Spates informed the Commission that she had the complete electrical system gone over by Mr. Neuberger's son. She noted that all corrections were made with the electrical, air conditioner, and plumbing. Staff noted that this is an existing, unpermitted apartment and has never been inspected by the City, and a site plan could not be found nor any other kind of approval. Mr. Driver withdrew the original motion (above), and Mr. Thomas withdrew his second. MOTION by Driver/Thomas I move that we find that granting special use permit is not detrimental to the public safety, health or welfare, not injurious to other properties or improvements within the immediate 11 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 vicinity in which the property is located, and the requested use is consistent with the purpose and intent of the respective zoning district, and it can be demonstrated to be similar in nature and compatible with the uses allowed in this zoning district, and recommend to City Council that they that they find the same findings. I recommend to the City Council that they approve the special use permit for Spates' On -Site Security Apartment at 633 Old Dixie Highway, Lots 18, 19, and 20, Block 4, Sebastian Grove Estates, Ms. Constance Spates, of Roseland, FL, (with the conditions): the Building Official inspect the premises for minimum Code requirements, site plan, Health Department approve the septic system and the well, and approval by the variance Board for the 362 square feet as opposed to the 600 square feet required by the Ordinance, custodian must be employed by the tenant, and it will house the custodian only, no family members, one person only. Roll call: Mr. Driver - yes Ms. Kilkelly - yes Mr. Thomas - yes Mr. Mather - no Mr. Schulke - yes Mr. Puska. - no VC Munsart - no The vote was 4 - 3. Motion carried. Mr. Massarelli recommended that a motion be made to adopt the staff report except for those areas that are inconsistent with your previous recommendation, so that facts and other things in there will be appropriate. MOTION by Schulke/Kilkelly So moved. A voice vote was taken. 7 - 0 motion carried. CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Schulke inquired as to when the next LPA meeting is and was informed that it is scheduled for September 3rd (actually it is on September 4th), and there will also be an LPA meeting before each regular P & Z meeting for most of the remainder of this year. DIRECTOR MATTERS: Mr. Massarelli suggested that, since the next regular P & Z meeting will be light, the Commission should start the LPA, break for P & Z, and return to the LPA since feedback needs to be given on about six (6) chapters, and the future land use maps will need comment on changes. 12 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 21, 1997 Mr. Massarelli also noted that the Code provides that the Commission adopt its procedures. He noted that the City Council has amended the quasi-judicial procedures, and this should also be ready for the September 4th meeting. The meeting was adjourned at 10:40 P.M. 13 (9/2/97 AB/Draft) City of Sebastian 1225 MAIN STREET C3 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 MINUTES OF MEETING /'►, APPROVED ATMEETIN 1*0**N CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING `-' Z�L V& E. ANN BRACY, RECORDING SECRETARY PZ,VAF ��' :• ..O /?0"s City of Sebastian 1225 MAIN STREET C] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, AUGUST 21, 1997 PLANNING AND ZONING COMMI S S ION 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS: 4. APPROVAL OF MINUTES: Regular Meeting of August 7, 1997 and LPA Meeting of August 7, 1997 5. OLD BUSINESS: A. Public Hearing - Home Occupational License - 1790 Starfish Lane - Michael Estes - Vending Machine Service B. Recommendation to City Council - Special Use Permit - '� Residential Unit in GMC Zoning - 404 Indian River Drive _ 6. NEW BUSINESS: C. Public Hearing - Home Occupational License - 591 Biscayne Lane - William West - Financial Brokerage Svcs D. Public Hearing - Model Home Permit Renewal - Tozzolo Brothers Construction - 1271 Barber Street E. Recommendation to City Council - Site Plan Review - Exxon Service Center - Bayrock Investment Company - CR 512 & S. Fleming Street - Chessar's Gap PUD F. Site Plan Review - Skydive Sebastian Additional Parking A.Grimwade - 400 W. Airport Drive - Sebastian Airport G. Recommendation to City Council - Sebastian Lakes PUD - Lennar N.E. Partners Ltd.: 1. Preliminary Development Plan for the Preliminary Plat 2. Preliminary Plat 3. Preliminary Development Plan for Walgreens First National Bank 4. Site Plan Review - Walgreens 5. Site Plan Review - First National Bank H. Site Plan Review - Sebastian Presbyterian Church - Building Addition - 1405 Louisiana Avenue I. Recommendation to City Council - Special Use Permit - /00,*N Residential Unit in IN Zoning - 633 Old Dixie Highway 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: 11. ADJOINT. 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. A