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HomeMy WebLinkAbout10051995 PZCity of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 5, 1995 7:00 P. M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular Meetings of August 17, 1995; September 6, 1995; and September 21, 1995 5. OLD BUSINESS: Approval of Updated/Revised Quasi -Judicial Procedures 6. NEW BUSINESS: Public Hearing - Home Occupational License - R. Gantt & J. Thacker- 382 Manly Avenue - Action Lawn Service Public Hearing - Home Occupational License - Ilmari Salo - 402 Quarry Lane - Musician, Miscellaneous Mail order Public Hearing - Home Occupational License - Matthew Richter - 372-A DelMonte Road - Sailing Charters Public Hearing - Home Occupational License - Earl Krueger - 1471 Abbott Lane - Lawn Service and Pressure Cleaning Recommendation to City Council - Minor Subdivision - Sandridge Estates Subdivision Public Hearing - Conditional Use Permit - Marine Commercial Activity - MCR Zoning District - Riverhouse Landings Site Plan Review - Riverhouse Landings Inc. - 1200 Indian River Drive Temporary Parking Review - Hurricane Harbor Restaurant - 1540 Indian River Drive 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. BUILDING OFFICIAL MATTERS: Discussion -.Future Development - Harbor Point Subdivision 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), 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 OCTOBER 5, 1995 Chairman Thompson called the meeting to order at 7:02 p.m. ROI& ~: PRESENT: Mr. Munsart Ms. Kilkelly Chmn. Thompson Mr. Goldstein Mr. Barnes Mr. Johns Mr. Fischer EXCUSED: Mr. Schulke Ms. Brantmeyer ALSO PRESENT: Bruce Cooper, Director of Community Development/ Building Official Dorri Bosworth, Secretary ANNOUNCEMENTS~ Ms. Kilkelly will be voting in place of Mr. Schulke, who was absent and excused from the meeting. Mr. Fischer made a motion to move Old Business after New Business. Chmn. Thompson stated Old Business would only take a minute. Mr. Fischer withdrew his motion. APPROVAL OF MINUTES: Mr. Goldstein requested that a word on page four of the September 21, 1995 minutes either be changed or deleted. Mr. Munsart also noted that the vote tally on page three had Mr. Fischer's listed twice. Mr. Munsart made a motion that the minutes of September approved as corrected. Mr. Johns seconded the motion~\~.~\u" Roll call was taken. 7-0 motion approved. .~(~q~ PT,ANNI,N,.G. AND ZONING COMMI,SSION REGULAR MEETING OF 0CTOB~R 5,1995 PAGE TWO OLD BUSINESS~ APPROVAL OF UPDATED/REVISED QUASI-JUDICIAL PROCEDURES The secretary reminded the Board that at the September 21st meeting they did approve the quasi-judicial procedures with a motion conditional on some noted changes being made. The revised procedures were included in their packets and technically they were already approved by the motion from the last meeting. Chmn. Thompson wanted a motion to accept the revised procedures. Mr. Barnes made a motion to accept the revised quasi-judicial hearing procedures. Mr. Johns seconded the motion. A voice vote was taken. Ail members were in favor. N~w BUSINESS: Ail applicants present for the following public hearings were sworn in according to quasi-judicial procedures. P~BLIC HEARING -HOME OCCUPATIONAL LICENSE - R. GANTT & J. THICKER - 382 NANL~ AVEN~E - ACTION LAWN SERVICE Russell Gantt was present and stated his address as 382 Manly Avenue. The public hearing was opened at 7:14 p.m. There were 15 notices of the hearing sent out, There were no objection or non-objection letters received back. Mr. Cooper reviewed the requirements of a home occupational license for lawn services and the use of a utility trailer. Mr. Gantt stated he understood and would be keeping his trailer in his garage. Staff had no objections. There was no public input. The public hearing was closed at 7:16 p.m. Mr. Munsart questioned the 600 sq. feet of home the applicant indicated he used for his business. This was more than the 20% allowed. Mr. Gantt stated that did include the footage used in the garage also. Mr. Barnes noted the application was for a partnership and questioned if both partners lived at the same address? Mr. Gantt stated yes. He also informed the Board he did not bag his grass clippings. PLANNIN~__AND ZONING COMMISSION REGqL~R MEETING OF 0,~TOBER,,,,5, 1995 PAGE THREE. Mr. Fischer made a motion to approve the home occupational license for Action Lawn Service at 382 Manly Avenue with the removal of the 600 sq. foot of area designated in the home on the application. Mr. Barnes seconded the motion. Roll call was taken. The application was approved 7-0. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - iLMARI SALO - 402 QUARRY LANE - MUSICIAN, MISCELLANEOUS MAIL ORDER Mr. Salo was present and stated his address as 402 Quarry Lane. The public hearing was opened at 7:23 p.m. There were 18 notices of the hearing sent out. There was one objection letter received back. The Board was given a floor plan of Mr. Salo's house with his application which indicated a music room. Mr. Cooper stated the music room was strictly for personal use and would not be used for the business. Mr. Salo was requesting the license so he could be hired as a musician and to conduct a mail order business sending out instructional tapes for learning how to play instruments. Staff indicated the applicant did comply with the minimum requirements and had no objection to the license. There was no public input. The public hearing was closed at 7:25 p.m. Mr. Salo relayed to the Board he was not going to have and did not want any traffic coming to his house. The only inventory he had was cassette tapes. Ms. Kilkelly questioned Mr. Salo if he made the cassette tapes in his home? Mr. Salo indicated they were mailed to and finished in a studio in Philadelphia. Mr. Barnes made a motion to approve the home occupational license for Ilmari Salo at 402 Quarry Lane, -Sebastian Highlands. Mr. Munsart seconded the motion. Roll call was taken. The application was approved 7-0. PUBLIC HEARING - HOME OCCUPATIONALLICENSE -MATTHEW RICHTER - 372A DELMONTE ROAD - SAILING CHARTERS Mr. Richter was present and stated his address as 372-A Delmonte Road. PLANNING AND ZONING COMMISSION REGULAR MEETING OF OCTOBER 5L 1995 PAGE FOUR The public hearing was opened at 7:30 p.m. There were 7 notices of the hearing sent out. objection or non-objection letters received back. There were no Staff stated the application was basically an address of convenience for telephone only. The applicant's boat is docked at Captain Hiram's. Staff had no objections to the license. Mr. Richter stated he would meet his clients at Captain Hiram's and the boat was too large to ever bring to his residence. There was no public input. p.m. The public hearing was closed at 7:32 The board had no questions for Mr. Richter. Mr. Munsart made a motion to grant a home occupational license to Matthew Richter's Sailing Charters of Sebastian at 372A Delmonte Road. Mr. Barnes seconded the motion. Roll call was taken. The application was approved 7-0. P~BLIC HEARING - HOME OCCUPATIONAL LICENSE - EARL KRUEGER - 1471 ABBOTT LANE - LAWN SERVICE AND PHESSURECLEANING Mr. Krueger was present and stated his address as 1471Abbott Lane. The public hearing was opened at 7:34 p.m. There were 16 notices of the hearing sent out. One objection letter and one non-objection letter was received back. Staff asked Mr. Krueger if he understood that the utility trailer needed to be stored in the garage at all times. Mr. Krueger stated he did and had no problem with that requirement. He also stated he had no employees. Staff had no objections to the license. There was no public input. p.m. The public hearing was closed at 7:37 Mr. Johns made a motion to approve a home occupational license for Earl Krueger Lawn Service and Pressure Cleaning at 1471 Abbott Lane. Mr. Fischer seconded the motion. Roll call was taken. The application was approved 7-0. AND ZONING CDMMIS~ION MEETING,,0~ OCTOBER 5, %995 RECOMMENDATION TO CITY COUNCIL - MINOR SUBDXVISION - SANDRXDGE ESTATES SUBDIVISION Mr. Randy Mosby of Mosby & Associates, Inc. was representing the applicant. Mr. Mosby reviewed that the site plan for Sandridge Estates Apartments was approved by the Board in June. The site plan had been developed to stay as one tract of land or in the future be subdivided into four individual lots if the owner so desired. Each property would consist of one apartment building. The proposed plat was before the Board tonight. He indicated a letter received today from Masteller & Moler recommended approval. Mr. Cooper stated the site plan had been resubmitted after Planning and Zoning approval on 7/6/95 and subsequently showed the 18-foot side yard setback which was one of the conditions for approval if it was going to be subdivided. Eighteen feet was the 15 foot required setback and the additional 3 feet based on the height of the structure. Each lot standing alone does meet all the requirements of the zoning district. Staff recommended the Board approve the plat and direct their recommendation to City Council. Mr. Thompson questioned if the revised site plan showed a 20-foot setback on the west side? Mr. Cooper stated yes, only on the corner lot being created bythe sub-division. Before the division the whole tract of land was considered the corner lot. After subdividing, the corner lot was now at Schumann Drive and S. Easy Street. Mr. Goldstein questioned what Tract K was. was a drainage right-of-way. Mr. Cooper stated it Mr. Munsart asked if the number of apartment units each lot would have needed to be specified on the plat? Mr. Cooper stated it was needed only at time for approval of any development which then the density criteria would be reviewed. Mr. ~oldstein made a motion thatthe Planning and Zoning Commission recommend to City Council approval of Sandridge Estates Subdivision, a part of Section 19, Township 31 South, Range 39 East, Indian River County, Florida based on the Plat prepared on 8/30/95 by James A. Fowler, Land Surveying Company, subject to 1) the name of the subdivision being indicated in theDedication, and 2) subject to satisfaction of the conditions specified by the letter from Masteller & Moler, Inc. dated 10/5/95 regarding completeness of plat. Mr. Munsart seconded the motion. Roll call was taken. Mr. Munsart YES Ms. Kilkelly YES Chmn. Thompson YES Mr. Goldstein YES Mr. Barnes YES Mr. Johns YES Mr. Fischer YES Approved 7-0. PLANNIN~ AND ZONING COMMISSION REGULAR MEETING .OF OCTQ~ER~...5. 1995 A break was taken at 7:50 p.m. The meeting resumed at 8:04 p.m. and all members were present. PUBLIC HEARIN~ - CONDITIONAL USE PERMIT - MARINE COMMERCIAL ACTIVITY - MCR ZONING DISTRICT RIVERHOUSE LANDINGS The public hearing was opened at 8:05 p.m. Applicants and representatives were sworn in according to quasi- judicial procedures. There were 4 notices of the hearing sent to surrounding, property owners. There were no objection or non-objection letters received back. Also, per quasi-judicial procedures, the following Commission members disclosed they either spoke with Mr. Cooper, visited the site, or spoke to a surrounding property owner: Mr. Goldstein, Ms. Kilkelly, Mr. Munsart, Chmn. Thompson, and Mr. Barnes. Mr. Cooper indicated that the property being reviewed was known as the old Pottinger Funeral Home and was previously considered byMel Fisher to be the location of his museum. The property, because of time lapse, had lost its grandfather rights. Mr. Hankins was now the present owner, and along with his engineer, had been working with staff to develop the site with a use compatible to the zoning district and surrounding uses. Regarding the conditional use permit, staff finds that Section 20A-6.1(17) under Marine Commercial Activity for the MCR does include the proposed use. This proposed use is similar with other uses that are located in this Section along with yacht clubs and other type of activities; so that a charter boat would fit within this district. Staff also finds that the actual requirements that are set forth as the conditions for the conditional use .permit have been met. The biggest concern was if there was going to be any repair of watercraft or marine accessories, and that any residential areas be screened properly. Mr. Peter Jones of Donnati & Associates was present, and is the architect for the project. He reinforced to the Board that the use of the site as a tour boat facility falls well within the conditional use requirements of the Land Development Code and is an appropriate use for the Riverfront. There was no public input. The public hearing was closed at 8:12 p.m. pLANNING AND ZONING coMMiSSION REGULAR MEETING OF OCTOBER 5, 1995 Chmm. Thompson questioned staff on Section 20A-3.11 (MCR district) and their interpretation that a charter boat was included in its conditional uses. Mr. Cooper stated they felt that yacht clubs, #(8) in Section 20A-6.1.17.a (conditional uses for Marine CommercialActivities), are marinas; marinas are yacht clubs, which means they house boats and traditionally would have charter boat facilities. The conditional use criteria is not totally inclusive, but gives uses of similar nature. He felt "yacht club" was an old term and as the Riverfront districts were developed, the appropriate term should be changed to "marina". Ms. Kilkelly asked that if the conditional use permit was approved did it extend to the use of the water? She had concerns with the length and size of the boat. She agreed that a charter boat or excursion boat is an appropriate use for the Riverfront but, didn't know where to draw the line to reserve the decision in the event the boat was too large. She stated there is no mention of the draft of the boat or size of the propeller and the effect on the bottom of the river. She felt a charter boat was appropriate but did not want that to be approval for bringing in a 65-foot boat. Mr. Cooper stated there were State regulations the applicant would have to comply with. The conditional use permit, if granted, could not be exclusive to one type or size of boat. It could be made as a condition, or concern, that prior to the boat being brought into the facility it complies with any state regulatory requirements and/or proper dredging permits are pulled. Ms. Kilkelly questioned if the DEP or Army Corp. of Engineers needed to approve this operation first before the Board proceeded? Mr. Mosby of Mosby & Associates, project engineer, reminded the Board that allowed use~was what should be discussed but, assured the Board that the boat going to be used for the facility is being designed by a naval architect to have a very shallow draft of 12 to 18 inches. It is being specially designed to be able to take large groups of people to places in the river that other large boats aren't able to access. It has a very large beam and uses an engine-type non-propeller system that doesn't need deep water. He stated the applicant had environmental concerns too, and has gone to great lengths to meet the requirements of the State. Mr. Goldstein stated he looked forward to this type of service being available to people in the community but, preferred it was done from a different site. He disagreed with staff's interpretation of this use as a yacht club. He defined a yacht club as a private "members only" club, offering slips to members, maybe a restaurant and other services in a club setting. A charter boat service does not have those attributes. He felt a charter boat service was not one the enumerated uses under Marine Commercial Activities. He stated the limited uses of the MCR PLANNINGs%ND ZONING COMMISSION REGLrLAR/~EETING OF OCTQBER. 3, 1995 district allowed waterfront'marine specialty shops, but restricted specialty shops, compared to the GMC district which allowed a much higher density of uses than the MCR district. He had concerns with the number of potential customers that could be milling about in a mixed residential limited commercial district. Mr. Cooper stated that commercial wet storage and boat rental (#3 of Section 20A-6.1.17.a) was also listed under marine commercial activity, and in a sense you are renting a boat by chartering a boat. Section 20A-6.1.17.a(10) also listed "other similar uses" He felt between yacht clubs and boat rentals, a charter boat was close enough to "similar" to allow the use. Mr. Goldstein questioned that if the applicant sold tickets for rides was it still considered a boat rental? He felt when you purchased an airline ticket you were not renting the airplane. He defined renting as the owner of the property passing exclusive possession over to the party renting. Mr. Cooper stated he saw no difference if he rented a large airplane himself and then put 250 people on it. It would be similar if someone rented the charter boat and then filled it with a large group of friends. Mr. Goldstein stated he felt staff's interpretation was quite liberal. Mr. Goldstein then made a motion that a boat tour operation is not an expressly compatible activity in the MCR district and by virtue of dissimilarity between boat tours and compatible businesses in the MCR district he moved to deny the conditional use permit for Riverhouse Landings. Ms. Kilkelly seconded the motion. Roll call was taken. Ms. Kilkelly YES Chmn. Thompson NO Mr. Goldstein YES Mr. Barnes YES Mr. Johns NO Mr. Fischer NO Mr. Munsart YES The conditional use permit was denied 4-3. Mr. Cooper informed the applicant he may appeal the decision within 10 days to the City Council. SITE PLAN REVIEW - RIVERIiOUSE LANDINGS - 1200 INDIAN RIVER DRIVE Mr. Cooper stated that based on the denial of the conditional use permit he recommended the site plan review be postponed. pLANNiNG A~ ~0NING,COMI~%SSION REGULAR MEETING OF OCTOBER 5, 1995 PAGE NINE TEMPORARY PARKING REVIEW - HURRICANE HARBOR RESTAURANT - 1540 INDIAN RIVER DRIVE Mr. Cooper informed the Board that after reviewing the Land Development Code with the City Attorney they could not find any allowances within the site plan code to legally provide temporary parking relief. Staff instead has opened an "enforcement case" and will proceed accordingly to insure the property is brought into compliance in the same time frame as outlined in his memorandum. Mr. Johns made a motion to postpone the review of parking plans to a later date. Mr. Fischer seconded the motion. A voice vote was taken, all were in favor. C~IAiRMAN MATTERS: None MEMBERS MATTERS: None ATTORNEY MATTERS: None BUILDING OFFICIAL..MATTERS: DISCUSSION - FUTURE DEVELOPMENT - HARBOR POINT SUBDIVISION Mr. Cooper indicated that this discussion was only for informational purposes. Mr. John King and Mr. Harold Adams wanted to introduce their plans for development of Harbor Point Subdivision and address concerns regarding the grubbing currently taking place. The property is located east of Chessar's Gap (Food Lion) in Unit 16. They are engineering the property to be developed with larger lots than what is already platted now. Since the property is already platted, only the requirement of construction drawings is needed. Mr. Cooper reviewed a situation with a similar subdivision, Sebastian Cove. When the application for landclearing came in, Mr. Cooper stated he was going to allow clearing only in the right-of- ways. After speaking with the city attorney and city engineer, and reviewing the codes, there was nothing to prevent the developer from clear-cutting the whole property to establish land grade. In fact the code allows it, especially to create proper drainage on the lots. Mr. King gave the Board some reference material on Harbor Point Subdivision to visually be able to see what was going to take place and where. Exhibit "A" indicated in yellow where the first phase, approx. 18.5 acres, was located and how it was proposed to connect Fleming Avenue to $. Easy Street, and S. Easy Street to Englar. (Ail drawings were not to scale). Page two was the plat as it was PLANNING AND ZONING COMMISSION REGULAR MEE~I.N~ OF OCTOBER 5, 1995 PAGE TEN presently recorded. Exhibit "B" was the proposed plat of the 18.5 acres, (an initial drawing), indicating new .5, .75, and I acre lots. Mr. King explained that the grubbing taking place now was mostly pepper trees and cabbage palms. This was so they could go in and evaluate the property in a better light. Their next plans were to transplant some of the larger trees and try to preserve them before construction of the roads and drainage were in full hilt and the heavy equipment brought in might destroy them. They wanted to plan some of the roads around the larger groups of trees, even if it meant curving the streets instead of keeping them linear. Mr. Cooper stated their plans also involved the Master Thoroughfare Plan connecting Fleming with S. Easy and they were going to work with the County to gain impact fee credits. The Board had further general questions for Mr. King about the development and a discussionfollowed. DISCUSSION - HOMETOWN VETERINARY CENTER - CRS12 Mr. Cooper related to the Board that Dr. Eric Wilsnack who was currently developing his site, had come to him'withsome concerns regarding his site plan. Dr. Wilsnack stated he had not been aware of how 'far the engineer had gone with the improvements of this site without of his knowledge. Mr. Cooper indicated Dr. Wilsnack did not want to pursue the parking expansion plan. Mr. Cooper researched the project to make sure there would still be enough required parking. He stated the building has been there since 1982 and has always been used as an office/retail. Technically, Dr. Wilsnack did not need to submit a site plan, only apply for a conditional use permit. Dr. Wilsnack is bringing the landscaping in to accordance with the site plan, but is not planning to extend the parking lot 3-4 feet into the adjoining lot as shown on the plan. Mr. Cooper's cursory review of the matter appears it would meet the requirements of the non-conforming section. Since the Board had approved the site plan he wanted to bring this to their attention. ADJOU~NT: Chmn. Thompson adjourned the meeting at 9:05 p.m.