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HomeMy WebLinkAbout09061995 PZCity of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION WEDNESDAY, SEPTEMBER 6, 1995 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular Meetings 7/6/95, 7/20/95, and 8/10/95. Special Meetings 5/22/95, 6/7/95, 7/17/95, and 7/27/95. 5. OLD BUSINESS: 6. NEW BUSINESS: Public Hearing - Home Occupational License - Greg Conover - 826 Floraland Avenue - Lawn Care and Landscaping Public Hearing - Conditional Use Permit - Mel Fisher's Treasure Museum - Parking Lot on east side of Indian River Drive Site Plan Review - Aerotrace, Inc. /Barry Aviation Facilities - Sebastian Airport Preliminary PUD - Sebastian Lakes Site Plan Revisions - Winn Dixie Plat Revisions - Seb. Lakes Shopping Ctr. Subdivision Discussion - Riverfront Architectural Review Board 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: Interpretation of Mel Fisher's Site Plan Calculations Discussion - Quasi-judicial Procedures 10. BUILDING OFFICIAL MATTERS: Discussion - Parking Requirements - Article VIII 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) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), f ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. CITY OF SEBASTiAN PLANNING AND ZONING COMMISSION REGULAR MEETING SEPTEMBER 6, 1995 Chairman Thompson call the meeting to order at 7:00 p.m. ROLL CALL: PRESENT: ALSO PRESENT: Mr. Munsart Ms. Kilkelly Chnm. Thompson Mr. Goldstein Ms. Brantmeyer Mr. Barnes Mr. Johns Mr. Fischer EXCUSED: Mr. Schulke Bruce Cooper, Director of Community Official Tim Williams, Assistant City Attorney Devin Rushnell Dorri Bosworth, Secretary ANNOUNCE~NTS: Development/Building Ms. Kilkelly will voting in place of Mr. Schulke, who was excused. Chmn. Thompson announced that he would be making a change in the agenda. Under Attorney Matters, an item identified as "interpretation ofMel Fisher's site plan calculations", we'll put that under "Old Business". I so move that we do that. A voice vote was taken. Passed unanimously. AI'P gVAL Or Regular Meeting of 8/10/95. MOTION by Barnes/Johns I make a motion to approve the minutes of 8/10/95. A voice vote was taken. Unanimously passed 1401-11) f016\ PLANNING AND ZONING COMMISSION PAGE TWO REGULAR MEETING OF SEPTEMBER 6, 1995 Special meeting of May 22, 1995. MOTION by Johns/Barnes I make a motion that the Special Meeting dated the 22nd of May, 1995 be approved. A voice vote was taken. Unanimously passed. Special meeting of June 7, 1995. MOTION by Barnes/Johns I make a motion to approve the minutes of the Special Meeting of June 7, 1995. A voice vote was taken. Unanimously passed. Special Meeting of July 17, 1995. MOTION by Barnes/Johns I make a motion to approve the minutes of July 17, 1995 for the Special Meeting. /d"N A voice vote was taken. Unanimously passed. OLD BUSINESS: INTERPRETATION OF MEL FISHER'S SITE PLAN CALCULATIONS Chmn. Thompson asked Mr. Williams to discuss this. As Mr. Williams understood, this site plan was approved at the last meeting subject to the Attorney's review of the applicant's arguments regarding whether they could use land east of Indian River Drive to satisfy the density, landscape and building coverage on the west side. We need a sensible definition for "lot", and for "building lot", which are not necessarily the same, to allow that. Unable to come up with favorable interpretation of the present ordinance, we suggest that the ordinance be changed to discourage development on the east side of Indian River Drive. Mr. Randy Mosby of Mosby & Associates was present and spoke about the "unity of title" issue in regard to this site plan. It was determined that the Commission and the Attorney were in favor of keeping development on the west side of Indian River Drive, and they just need to find the best way to modify the LDC, in the quickest way possible, to allow Mel Fisher to begin his expansion, and provide incentive to other interested parties to do the same. PLANNING AND ZONING COMMISSION PAGE THREE REGULAR MEETING OF SEPTEMBER 6, 1995 MOTION by Goldstein/Fischer I move to reconsider the constructive denial of the open space and lot coverage of the Fisher Site Plan. Roll call was taken. 5-2 motion carried. Mr. Goldstein - No Mr. Barnes - No Mr. Johns - Yes Mr. Fischer - Yes Mr. Munsart - Yes Ms. Kilkelly - Yes Chmn. Thompson - Yes Mr. Munsart and Chmn. Thompson commented that they didn't see any difference between the Fisher Museum site and Capt. Hiram's, Sembler's, and the Sportsman Lodge. MOTION by Munsart/Johns I make a motion that we permit the site plan as submitted and resubmitted for Fisher's r''hN Museum, with the two lots considered as one. Roll call was taken. 5 - 2 motion carries. Mr. Barnes - No Mr. Johns - Yes Mr. Fischer - Yes Mr. Munsart - Yes Ms. Kilkelly - Yes Chmn Thompson - Yes DISCUSSION - RIVERFRONT ARCHITECTURAL REVIEW BOARD MOTION by Thompson/Johns Chmn. Thompson made a motion for amendment and possible action to the LDC for Riverfront Development.. A voice vote was taken. Unanimous approval. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - GREG CONOVER - 826 FLORALAND AVENUE - LAWN CARE AND LANDSCAPING PLANNING AND ZONING COMMISSION PAGE FOUR ]~EGULAR MEETING.OF SEPTEMB~ 6. 1995 Greg Conover of 826 Floraland Avenue was present and was sworn in according to quasi-judicial procedure. The public hearing was opened at 8:05 p.m. There were 25.nOtices of hearing sent out. We received 3 objection letters and no non-objection letters. Staffhas no objections. Allan Dobbs and Bc~ty Yoder were sworn in according to quasi-judicial procedure for public input. Mr. Cooper explained the change in the code and the intent, whereby this permit would be approved. The public hearing was dosed at 8:22 p.m. MOTION by MunsarffFischer I move that this Board grant a Home Occupational License to Greg Conover Lawncare and Landscaping at 826 Floraland Avenue in Sebastian. Roll call was taken. 7-0 motion carded. A break was taken at 8:26 p.m. The meeting resumed at 8:40 with all members present. PUBLIC HEARING - CONDITIONAL USE PERMIT - MEL FISHER'S TREASURE MUSEUM - PARKING LOT ON EAST SIDE OF INDIAN RIVER DRIVE. The public hearing was opened at 8:40 p.m. There were 6 notices of hearing sent out and we received no objection or non-objection letters. Staff recommended approval. There was no public input and the public hearing was closed at 8:42 p.m. MOTION by Goldstein/Bames I move that since the Plannin$ and Zoning Commission has found that the applicant has met the criteria for conditional use in application for the Fisher Treasure Museum parking lot on the east side that we do approve the conditional use. Roll call was taken. 7-0 motion carded. SITE PLAN REVIEW - AEROTRACE, INC. / BARRY AVIATION FACHATIES - f""� PLANNING AND ZONING COMMISSION PAGE FIVE REGULAR MEETING OF SEPTEMBER 6, 1995 SEBASTIAN AIRPORT Brian Barry of Abeto Terrace, Sebastian, and Keith McCulley, the engineer with W. K. McCulley & Associates, Vero Beach were present. The public hearing was opened and all parties were sworn in according to quasi-judicial procedure. Mr. Cooper discussed Airport Master Plan, parking, activities carried on at this site, lighting, general site plan being approved by FAA, landscaping, buffers, and the road being completed prior to Certificate of Occupancy. We have been given verbal approval from Mr. Van Antwerp for the site plan and he has received tentative approval from City Council to lease this area, and is conditional upon approval from this Board. Devon Rushnell corrected a reference section to be 10.2118G. There was discussion on the square footage calculations and number of parking spaces, soil certification, hard pan removal, and water retention pond. Mr. Thompson noted that only one ramp and one handicapped space was noted on the drawings, and suggested the engineer note the additional ramp and parking space for clarification. Mr. Cooper noted that in Section 20A-8.3, page 533, hangar is not defined in our code for purposes of calculating parking spaces. Mr. Barry did not want to be restricted in the use of these hangars, and agreed to put in parking spaces required. He noted that he's been trying to get this lease for eighteen months. Mr. Williams suggested that this activity might be most similar to "mixed use" from Section 20A- 8.3.3, paragraph 4. Mr. Cooper noted that this site should always be used for airplane use and should not be permitted for other use at some later date. Mr. Williams noted that since this site plan is not specifically covered in the LDC, which means we have to find a similar use or mix of uses in determining factors at this site. MOTION by Barnes/Johns I make a motion that we consider the 6,000 feet of hangar space as warehousing, and provide parking one space per 1,000 foot, 6 spaces plus the additional 3.4 for a total of 9.4 spaces, or 10 spaces. Roll call was taken. Mr. Barnes - Yes Mr. Johns - Yes 140� PLANNING AND ZONING COMMISSION PAGE SIX REGULAR MEETING OF SEPTEMBER 6. 1995 Mr. Fischer - Yes Mr. Munsart - Yes Ms. Kilkelly - Yes Chmn. Thompson - Yes Mr. Goldstein - No 6 - 1 motion carried. Mr. Cooper proposed finding a way to let Mr. Barry get to his property while the road is being extended to the site. MOTION by Goldstein/Barnes I move to approve the site plan for Aerotrace/Brian E. Barry for an airplane repair use at 500 West Airport Drive, based on the following drawings and documents: a sheet entitled "Brian E. Barry's Site Plan" marked "general notes and site plan data" also marked Project #95-006, sheet 2 dated May of 1995, there is no other calendar date, sheet marked "Civil Details", sheet CD -1, the same series, we'll start again madam Secretary, I apologize. Sheet marked "General Notes and Site Plan Data", sheet 2, May 1995, sheet marked 0-1 dated May 1995, sheet marked "Landscape Specification L-2" May 1995, sheet marked "Landscape Details L-3", May 1995 a Site Plan Sheet labeled sheet #3, May 1995, revision #1 dated 4 August of '95, sheet labeled "Civil Details", this overrides the previous sheet that I mentioned, sheet CD -1, revision #1 also of 4 August of '95, sheet marked U-1, water system and sewage system plan, May 1995, no revision, a sheet that is unlabeled as to who it is for, provided in our packet, marked "Plan View of Proposed Hangar" to be erected on Parcel V, with north elevation, west elevation, a plan view stamped received June 26, 1995, and we are approving this subject to the TRC dated 8/31/95, all conditions except for condition number 5 regarding additional parking stalls. Roll call was taken: Mr. Barnes - Yes Mr. Johns - Yes Mr. Fischer - Yes Mr. Munsart - Yes Ms. Kilkelly - Yes Chmn Thompson - Yes Mr. Goldstein - No 6-1 motion carried. Mr. Barnes requested a fifteen minute time extension. Seconded by Mr. Munsart. A voice vote was taken and carried. PL~O AND ZONING COMMISSION REGULAR ~..E_TINO OF SEPTEMBER 6, 1995 PRELIMINARY PUD ~ SEBASTIAN LAKES - SITE PLAN REVISIONS - WINN DlXl~ Mr. Cooper explained the Preliminary Development Plan Revision and noted that it concludes most of the conditions that you previously had on this project. The alignment of Roseland Road has been settled with the County, and the Development Plan now shows that in proper form, as well as the basic changes in the site. Approval of the Preliminary Plan contemplates approval of the Site Plan. The owner of the Wirm Dixie property and Lenar have both posted performance bonds in the amount of $180,000. The Developer's Agreement and this Pre'~ Development plan need to be approved at the same time. He recommends that City Council approve the preliminary Development Plan subject to seven conditions. He also mentioned that the City Attorney has asked that we add to condition #3 the language "and construction and maintenance of drainage easements". Mr. Howse commented that they are in agreement with all comments. Secretary Bosworth asked that on item #6, the revision dates need to be checked. Mr. Cooper noted that the engineer has clarified that the revision on all 8/25's had to do with the elimination of proposed further expansion of the Winn Dixie Store, which is not in this Site Plan. MOTION by Thompson/Barnes I move that we, the City of Sebastian Planning and Zoning Commission recommend to the City Council the approval of the Preliminary Development Plans for Winn Dixie Preliminary Development Plan subject to the following: and I'm not going to read them, they are on page three of Mr. Cooper's memo of September 1, 1995, and I further move that we let the Secretary and the Community Development Director decide what plans we are looking at and adding condition number seven should add was myrtles to the landscape strip, and also the language by the Attorney for number three that Mr. Cooper recommended. Roll call was taken. Mr. Munsart - Yes Ms. Kilkelly - Yes Chron. Thompson - Yes Mr. Goldstein - Yes Mr. Barnes - Yes Mr. Johns - Yes Mr. Fischer - No 6- 1 motion carried. PLANNING AND ZONING CO~SSION ~GULAR MEETING OF SEPTEMBER 6, 1995 PAGE EIG!-~ SEBASTIAN LAKES - PLAT REVISIONS SEB. LAKES SHOPPING CENTER SUBDMSiON Mr. Cooper referred to a memo dated September 1, both the Attorney and Engineer reviewed it and found no problems, and we do recommend approval subject to the condition #1, outlined, that if the 10 fi. portion of Laconia Street is vacated, an easement or plat modification should be accomplished in order to accommodate the future cul-de-sac at the end of Laconia Street. MOTION by Goldstein/Barnes I move that we approve the following language, "move to recommend to the City Council approval of :Sebastian Lakes Shopping Center Preliminary Subdivision Plat prepared by Parsons Surveying subject to the following: 1) il'the 10 foot portion of Laconia Street is vacated, an easement or plat modification should be accomplished in order to accommodate the future cul-de-sac at the end of Laconia Street. Roll call was taken. 7-0 motion carded. The meeting was adjourned at 10:16 p.m.