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HomeMy WebLinkAbout11021995 PZCity of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 2, 1995 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: 5. OLD BUSINESS: Public Hearing - Home Occupational License - Alex Gonzalez - 701 Media Terrace - High -Tech Auto Detailing Recommendation to City Council - PUD -C Mini Warehouses/ Storage Facilities 6. NEW BUSINESS: Public Hearing - Home Occupational License - Kevin Flynn - 460 Caravan Terrace - Lawn Maintenance Public Hearing - Home Occupational License - Robert & Carrie Shields - 950 Genesee Avenue - Precision Art Business Forms, Inc. Public Hearing - Model Home Permit - Holiday Builders, Inc. - 1661 Barber Street Recommendation to City Council - Alternate Member Position - Term to expire 11/98 Regular Member Position - Term to expire 11/98 Unexpired Regular Member Position - Term to expire 4/96 Recommendation to City Council - Preliminary Plat - Major Subdivision - Schumann Commercial Properties Subdivision Request for Parking Waiver - Mr. Steve Philipson Request for Amendment to LDC- Permitted/Conditional Uses in the GMC Zoning District - Janice Smith 9. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. BUILDING OFFICIAL MATTERS: �'�'� 11. ADJOURNMENT. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S) 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. ka CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 2, 1995 Chairman Thompson called the meeting to order at 7:00 p.m. ROLL CALL: PRESENT: Mr. Munsart Ms. Kilkelly Chnm. Thompson Mr. Barnes Ms. Brantmeyer Mr. Johns Mr. Fischer (Form 8B) Mr. Schulke ALSO PRESENT: Jan King, Zoning Technician Mr. Joel Koford, City Manager Mr. Tim Williams, Asst. City Attorney Dorri Bosworth, Secretary ~OUNCEMENTS: Chmn. Thompson announced that Ms. Kilkelly will be voting in place of Mr. Goldstein. He also noted an article in, a Planning and Zoning magazine about calling a meeting to order and recommended it for reading. MOTION by Johns/Barnes I would like to make a motion Mr. Chairman, to - under New Business - to move the item, the Recommendation to the City Council for the members, make that the last item under new business. A voice vote was taken. 7-0 motion carded. APPROVAL OF MINUTES: None ~'" OLD BUSINESS: All applicants for Home Occupational Licenses were sworn in according to quasi-judicial procedure. PLUG AND ZONING COMMISSION REGUL~ MEETING OF NOVElVI~..E.R 2, 1995 PAGE TWO PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - ALEX GONZALEZ - 701 MEDIA TERRACE - HIGH-TECH AUTO DETAILING The public heating was opened at 7:05 p.m: The applicant, Alex Gonzalez, is present and identifies himself. There were 16 notices of hearing sent out. There were 3 objection letters and no non-objection letters received. Staffhas no objection as long as there is no washing or waxing of his customer's cars at his residence. There was no public input, and the public heating was closed at 8:07 p.m. MOTION by Johns/Munsart I make a motion that we grant a Home Occupational License to Alex Gonzalez to operate a mobile automobile washing and waxing business in his home at 701 Media Terrace. Roll call was taken. 7-0 motion carded. RECOMMENDATION TO CITY COUNCIL - PUD-C MINI WAREHOUSES/STORAGE FACILITIES Chmn. Thompson noted the memo from former Community Development Director, Bruce Cooper, dated September 14, 1995, that is in each member's packet. Ms. King noted that this goes back to May when Randy Mosby requested that the Board look at this. Mini-storage warehouse facilities are not specifically listed as a permitted or conditional use under the PUD section of the code, although storage facilities are listed elsewhere in the code under Industrial Uses. The City Attorney looked into this PUD section, remarked that the code was pretty clear, and that storage fadlities are not allowed in a PUD under present code, and that the code could be changed. In the previously mentioned memo from Mr. Cooper, added one line item to that section of the code, item ~6, listing an additional conditional use of mini-warehouses, and offered a proposed definition for mini-warehouses. Ms. King urged the Board to make some decision on this issue tonight. Chmn. Thompson recommended to the Commissioners that we agree with this proposal of change, ask staffto put it in the form of an ordinance, and bring it back to us. MOTION by Thompson/Johns I so move. lVff. Munsart moved to amend the motion to add that this particular address cannot be used as an address for any occupational licenses or for any manufacturing or light Chmn. Thompson Mr. Barnes Mr. Johns Mr. Schulke Mr. Munsart Ms. Kilkelly Ms. Brantmeyer 2-5 amendment denied. PL ..A_IN2qlNG AND ZONING COMMISSIO. H PAGE.THREE REGUL~ MEETING OF NOVEMBER 2, 1995 manufacturing. Mr. Barnes seconded it. Ms. Brantmeyer amended the motion to prohibit any outside storage of automobiles, boats, trailers, not be permitted. Mr. Barnes seconded it. Discussion followed to clear up the confusion on this motion. Mr. Munsart withdrew his amendment. Mr. Mosby called the Boards attention to 20A-4.6 and what is allowed in those uses. Mr. W'tlliams attempted to simplify the issue by stating is a mini-warehouse a light industrial activity, and can you have mini-warehouses in the PUD's? Roll call was taken on Ms. Brantmeyer's amendment. -No -Yes -No -No -No -No -Yes Roll call was taken on the main motion. 7-0 motion carried. NEW,, V$1NESS: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - KEViN FLYNN - 460 CARAVAN TERRACE - LAWN MAINTENANCE The applicant was not present. MOTION by Barnes/Fischer I make a motion to postpone this application till the next regularly scheduled meeting and ask staffto please notify Mr. Flynn to be present. A voice vote was taken. Unanimous approval. PUBLIC HEARING- HOME OCCUPATIONAL LICENSE - ROBERT & CARRIE SHIELDS - 950 GENESEE AVENUE - PRECISION ART BUSINESS FORMS, INC. PLANNING AND ZONING COMMISSION PA~ REGULAR MEETING OF NOVEMBER' 2, 1995 Bob 8: Carrie Shields, 950 G-enesee Avenue, Sebastian, were present and identified themselves. The public hearing was opened at 7:45 p.m. There were 14 notices of hearing sent out. We received 2 objection letters and no non-objection letters. Staff'had no objection. The public heating was closed at 7:48 p.m. MOTION by Munsart/jolms I move that we grant the Home Occupational License to Robert Shields and trading as Precision An Business Forms, Inc. for the operation of a computer hardware/software and business form design and sales from his home at 950 Genesee Avenue. Roll call was taken. 7-0 motion carded. PUBLIC HEARING - MODEL HOME PERMIT - HOLIDAY BUHJ)ERS, INC. - 1661 BARBER STREET Alan Green, 8656 96th Court, Veto Lakes Estates, was present, representing Holiday Builders, Inc. The public hearing was opened at 7:55 p.m. There were 22 notices of hearing sent out and we received no objection or non-objection letters. Ms. King explained that this request is to build a model home on Lot 6, Block 401, Unit 11, Sebastian Highlands which would be at 1661 Barber Street. The public hearing was closed at 7:57 p.m. MOTION by Bames/Munsart I make a motion to approve the Model Home application for Holiday Builders at 1661 Barber Street in Sebastian. Roll call was taken. 7-0 motion carried. A break was taken at 8:01 p.m. The meeting resumed at 8:09 p.m. and all members were present. RE...C...OMMENDATION T0.........~ITY COUNCIL ,,- PRELIMInARy PLAT,-, MAJOR $IJBDiVISION-,SCHUMANN CO~R¢IAL PROPERTIES SUBDIVI$1[ON. Mr. Koford requested that this item be tabled until the 15th of this month which will allow PLANNING AND ZONING. COMMISSION ~R_EOULAR MEETIN..G OF NOVEMBER 2, 1995 PAGE FIVE sufficient time for the engineer of record with the deVeloper to prepare and submit the master drainage plan to our drainage engineers for their approval. The City has retained an engineering firm to deVelop the master drainage plan for the City and all drainage plans will be passed by them to make sure we don't run,into conflict. MOTION by Barnes/Fischer I make a motion to table that until the 16th, I belieVe. At this point, Mr. Koford noted the Sections as 20A-10,2H and 20A-16.4B2 sub c. Mr. Randy Mosby of Mosby & Associates, Vero Beach, representing the applicant, spoke out in objection of this delay. Roll call was taken. Mr. Barnes - yes Mr. Johns - yes Mr. Fischer - yes Mr. Schulke - yes Mr. Munsart - yes Ms. Kilkelly - yes Chmn. Thompson - no 6- 1 motion carded. REQUEST FOR PARKING WAIVER - MR. STE~ PHILIPSON Mr. Steve Philipson, 415 Live Oak Drive, Vero Beach, FL was present and identified himself. He is requesting an acknowledgement of what is already on site in terms of the existing parking behind 13 small units (250 sq. f. each) at 137 Fellsmere Road in Sebastian. Ms. King referred to a letter from Bruce Cooper, previous Community Development Director/Building Official, dated October 23, 1995 to Mr. Philipson. Mr. Cooper responded to Mr. Philipson's proposal for parallel parking at the rear of this existing facility. He suggested obtaining a waiver pursuant to Section 20A-8.SF of the LDC, by sending a copy of that letter and a copy of the drawing to the Planning and Zoning Board, informally, to discuss this without any cost. Ms. King explained that this suggests that the P & Z Board could look at it to see if it will even be considered before Mr. Philipson makes application for minor modification of his site plan. It has not been looked at by the engineer. This seems to be an inquiry only. It was determined that this Board could approve the minor modification of this site plan at this time, then it would be reviewed by the City engineer, and proper applications applied for. MOTION by Schulke/Johns P~LANNING, AND,, ZONING, ~OMMISSION REGULAR MlgETING OF NOVElV~ER,,2- 1995 I'd like to move that we approve a waiver for a 17 ft. driving aisle based on Section 20A-8.5F, contingent upon the City engineer approving the waiver and contingent upon the Chairman of this Board and contingent upon the City engineer approving the minor modification to a site plan. Mr. Johns asked if Mr. Schulke would amend it to also include the depth of the parking space, it requires 9 ft. and he's only got 8 on his drawing. Mr. Schulke accepted the amendment and included it in. Roll call was taken. 6-1 motion carded. Mr. Barnes - yes Mr. johns - yes Mr. Fischer - yes Mr. Schulke - yes Mr. Munsart - yes Ms. Kilkelly - yes Chmn. Thompson - yes REQUEST FOR AMENDMENT TO LDC - PERMITTED/CONDmONAL USES IN THE GMC ZONING DISTRICT - JANICE SMITH Janice Smith of 2605 47th Avenue, Vero Beach, FL was present and identified herself. Ms. Smith wants to put a small salon in the previous office at the Sportsman's Lodge amounting to about 250 sq. ft., 1 or 2 stations at most. Ms. King explained that this site is zoned General Marine Commercial. The permitted and conditional uses allowed there do not call out limited Commercial activity. And in the definition area on page 63 of the [,DC under "limited Commercial activities", it specifically includes barber and beauty shops. Since that is a limited Commercial activity, (3MC should say that permitted or conditional uses would be any limited Commercial activity. In order for her to get an occupational license, we need some manner in which to approve it. Mr. Fischer suggested considering other activities that might be acceptable in the General Marine Commercial area. A jewelry shop was one option that might be desirable in the riverfront area. Discussion took place on whether to change the Code, or to rely on Special Use Permit, which would be quicker. Ms. Kilkelly cited the code as permitting accessory uses under hotels and motels. PLANNING AND ZONING CO~SSION ~O .UL. AR MEETiNG OF NOVEMBER 2, 1995 PAGE SLOVEN Mr. W'dliarns expressed an opinion that if the Board considers this beauty shop to be an accessory use to a hotel/motel, then it could be approved as a conditional use. It was recommended that Ms. Smith apply for a conditional use permit. A consensus of the Board proved to be in favor of this application. RECOMMENDATION TO CITY COUNCIL - ALTERNATE MEMBER POSITION - TERM TO EXPIRE 11/98 REGULAR MEMBER POSiTiON - TERM TO EXPIRE 11/98 UNEXPIRED REGULAR MEMBER POSmON - TERM TO EXPIRE 4/96 Elmer Carpenter, 718 W. FisCher Circle, Sebastian was the first applicant. Robert Pliska was the second applicant. Herbert Munsart was the third applicant, presently filling an unexpired term of Mr. Barnes who moved to City Council. Shirley Kilkelly was the fourth applicant. Jean Brantmeyer was the fifth applicant. Nominations for Alternate Member Position to expire 11/98: Mr. Johns nominated Shirley Kilkelly. Nominations for Regular Member Position to expire 11/98: Mr. Barnes nominated Herb Munsart. Ms. Kilkelly nominated Robert Pliska. Mr. Fischer nominated Mr. Carpenter. Roll call was taken. Ms. Kilkelly - Robert Pliska Chron. Thompson - Herbert Munsart Ms. Brantmeyer - Herbert Munsart Mr. Barnes - Herbert Munsart Mr. Johns -Herben Munsart Mr. Fischer - Mr. Carpenter Mr. Schulke - Herbert Munsart Mr. Munsart - Herbert Munsart 6-2 vote elected Mr. Herbert Munsart as Regular Member Position. Nominations for Unexpired Regular Member Position to expire 4/96: Mr. Munsart nominated Ms. Brantmeyer Mr. Schulke nominated Mr. Pliska Roll call was taken. Chnm. Thompson - Ms. Brantmeyer PLANNING AND ZONING COMMISSION REGULAR MEET1NG.,,,.OF NOVEMBER 2, !995 PAGE ~IOHT Ms. Brantmeyer - Ms, Brantmeyer Mr. Barnes - Ms. Brantmeyer Mr. Johns - Mr. Pliska Mr. Fischer - Mr. Pliska Mr. Schulke - Mr. Pliska Mr. Munsart - Ms. Brantmeyer Ms. Kilkelly -Ms. Brantmeyer 5-3 elected Ms. Brantmeyer to fill Unexpired Regular Member Position to expire 4/96. Nominations for Alternate Member Position made vacant by Ms. Brantmey .er move. Mr, ~ohns nominated Mr. Pliska. Mr. Schulke nominated Mr. Carpenter. Roll call was taken. Chron. Thompson -Mr. Carpenter Mrs. Brantmeyer - Mr. Pliska Mr. Barnes -Mr. Pliska Mr. Johns -Mr. Pliska Mr. Fischer - Mr. Pliska Mr. Schulke -Mr. Carpenter Mr. Munsart -Mr. Pliska Ms. Kilkelly -Mr. Carpenter 5-3 nominated Mr. Pliska as recommended candidate to fill newly created Alternate Member vacancy. MOTION by Barnes/Johns I make a motion to recommend to City Council the appointment of the Alternate Member Position expiring 11/98, the Regular Member Position expiring 11/98, the unexpired Regular Member Position expiring 4/96, and the Alternate Position created by the vote here tonight, and I hope the Secretary will fill in the appropriate names because I've forgotten who got what. (Alternate Member Position expiring 11/98 - Ms. Kilkelly) (Regular Member Position expiring 11/98 - Mr. Munsart) (Unexpired Regular Member Position expiring 4/96 - Ms. Brantmeyer) (New created Alternate Position expiring 11/98 - Mr. Pliska) ,I~ltAIRMAN MATTERS1 None Ms. Kilkelly mentioned the Journal that was included in their packed and liked the article entitled ":Have It Your Way", and suggested that this Commission might think about tightening up the . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER 2. 1995 PAGE NINE code for the future in reference to signage of Commercial Establishments. Mr. Schulke noted that he was sony to see Mr. Cooper leave the City, and thought he did a good job. Mr. Barnes agreed. Mr. Johns asked Mr. Williams about a legal issue that he read about in a newspaper. ATTORNEYMATfERS: None BUILDING OFFICIAL MATTERS: None The meeting was adjourned at 9:50 p.m. FORM 8B MEM 2RANDUM OF-VOTIN , CONFLICT FOR COUNTY, MUNIC|PIIL, AND OTHER LOCAII P'UBLI¢ OFFICERS LAST NAME--FIRST NAME--MiDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AI~:H~'~'ITY. OR C(~MMITTEE CITY DATE ON WHICH VOTE OCCURRED COUNTY THE BOARD. CO1JNCll.. COMMISSION. ~kLI~ORITY, OR COMMiTI P,l: ON WHICH I SERVE IS A UNIT OF: iTY !~ COUNTY ~ ! OTHER LOCAL ArdENCY NAME OF MY POSITION I$: ', ELECTIVE .... ~APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any persc~n sFrvi,ng a,t..tl.he co,unty, city, o.r other local level of government on an appointed or elected board. council, commission~ authority, or committee. It applies equally tO m~mbers'of advisory and non-advisory bodies who are presented~ with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, ybu are encouraged to use it i'fi making the disclosure required by law. Your responsibilities under the law When faced with a measure in which you have a conflict of. interest will. vary greatly ~depending on wh6ther you hold an elective or appointive Position. For this reason, please pay close attention to the ~nstruCt~ons on th~s l~Orm before completing the reverse side' and .'filing the for'm ...... .,. . ~ ~ INSTRUCTIONS FOR OOMPLIANOE WITH SECTION 112.3143, FLORIDA ~i'ATUTE$ OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prol~ibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive lOcal office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before m, aking any attempt to influence the decision by oral or written,c0mmunicazion,,whether made by the officer or at his'direction.' IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL BE TAKEN: u should complete and file this form (before making any attempt to influence the decision) with the person responsible for g the minutes of the meeting, who will incorporate the form in the minutes. copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly al the meeting prior to consideration of the matter in which you have a conflict of interest. ('1 I-¢iR~I ~lJ 111.1~6 PAGE You should disclose orally the nature of your conflict in the measure before participating. ~, You should complete, the form and file it within 15 days after the vote occurs with the person responsible f~' ,recording the. minutes of the,meeting, Who should inc0rPbrate the form in the minutes, ~.~ DISCLOSURE OF STATE OFFICER'S INTEREST I, (.-~RA.~ I~"~*'~ ~'-~-k.~ hereby disclose that on ~~~ (a) A measure came or will com~ before my agency which (check one) __ inured to my special private gain; or ~ inured to the special gain of ~~.~_ ~t~c~ [ (b) The measure before my agency and the nature of my interest in the measure is as follows: whom I am retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF.THE FOLLOWIN/ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION ~ SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE CE FORM 8B - 10.86