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HomeMy WebLinkAbout11161995 PZCity of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 11 FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 16, 1995 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular meetings of October 19, 1995 and November 21 1995 5. OLD BUSINESS: Public Hearing - Home Occupational License - Kevin Flynn - 460 Caravan Terrace - Lawn Maintenance 6. NEW BUSINESS: Public Hearing - Home Occupational License - Wayne Futch - �- 924 S. Easy Street - Painting Business Public Hearing - Home Occupational License - Constantine Serkedukis - 1343 Thornhill Lane - Lawn Maintenance Public Hearing - Home Occupational License - Mark Daniels - 748 Mulberry Street - Lawn Maintenance Public Hearing - Home Occupational License - Mark Austin - 450 Midvale Terrace - Lawn Maintenance Public Hearing - Home Occupational License - Adrian Crowley 473 Tunison Lane - Lawn Maintenance Site Plan Review - Envirocraft, Phase II - 400 Industrial Circle Recommendation to City Council - Preliminary Plat - Major Subdivision - Schumann Commercial Properties Subdivision 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. STAFF 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 1 WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S) CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 16, 1995 Chairman Thompson called the meeting to order at 7:03 p.m. PRESENT: Mr. Munsart Ms. Kilkelly Chmn. Thompson. Mr. Pliska Ms. Brantmeyer Mr. Barnes Mr. Johns EXCUSED: Mr. Fischer Mr. Schulke ALSO PRESENT: Mr. Joel Koford, City Manager Jan King, Zoning Technician Dorri Bosworth, Secretary AHlJOU~CEMEiF~S -- Ms. Kilkelly will be voting in place of Mr. Schulke, who was absent and excused from the meeting. Mr. Pliska will be voting in place of Mr. Fischer, who was absent and excused from the meeting. Chmn. Thompson congratulated Mr. Munsart and Ms. Kilkell¥on their re-appointment, Ms. Brantmeyer on her appointment as a regular member, and welcomed Mr. Pliska as the Board's new alternate member. Ail applicants present for the following p~lic in according to quasi-judicial procedures. pLANNING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER 16, 1995 OLD BU~IlIE55: PUBLXC HEARING - HOME OCCUPATXOMAL LXCRMSB - KIL'VXM FL~'MM - 460 CARAVAMTERRACK -LAWiiMAXMTEMAMCE Kevin Flynn was present and stated he lived at 460 Caravan Terrace. The public hearing was opened at 7:08 p.m. There were 21 notices of the hearing sent out. objection letters received back. There were 2 Ms. King read staff's comments, indicating the applicant was going to store his utility trailer in the garage, and that they had no objections to this license. There was no public input. The public hearing was closed at 7:10 p.m. Mr. Barnes questioned where the applicant put his grass clippings? Mr. Flynn stated he did most of his work in Barefoot Bay which provided a dumpster specifically for lawn clippings. Mr. Thompson asked if he had any other employees? Mr. Flynn stated no. Mr. Barnes made a motion to approve a home occupational license for Kevin Flynn at 460 Caravan Terrace, Sebastian to operate a lawn maintenance service. Mr. Munsart seconded the motion. Roll call was taken. 7-0 motion carried. ~ BUSINESS: PUBL:I:C HEARZNG - HOME OCCUPATTONAL LZCRIISE - COIISTABTI~ SE, RKKDUK*rS - 1343 THOIUEHXLL LA1BE - LANN MAXNTKIIAIICE Constantine Serkedukis was present and stated he lived at 1343 Thornhill Lane. The public hearing was opened at 7:14 p.m. There were 19 notices of the hearing sent out. No objection or non-objection letters were received back. Ms. King read staff's comments and stated they had no objections to this license. There was no public input. The public hearing was closed at 7:16 p.m. PLANNING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER 16. 1995 Mr. Thompson had the applicant verify he had no employees. Mr. Serkedukls stated that was correct. Mr. Barnes questioned what was done with the grass clippings? Mr. Serkedukis stated he mulched any clippings. Mr. Munsart made a motion to approve the home occupationallicense for Constantine Serkedukis at 1343 Thornhill Lane for a lawn maintenance service. Mr. Barnes seconded the motion. Roll call was taken. 7-0 motion carried. P~BLI¢ H~A~ING - H~ME ~PATI~NAL LI~NSB - WAYNE ~ - 924 S. EA~! STR~T- PAINTIN~)NT~A~R Wayne Futch was present and stated he lived at 924 S. Easy Street. The public hearing was opened at 7:17 p.m. There were 6 notices of the hearing sent out. There were noobjection letters and I non- objection letter received back. Ms. King read staff's comments, indicating that Mr. Futch's equipment would be Stored in the back of his pick-up truck and agreed to keep the truck in the garage when at home. Staff had no objections to this license. Mr. Futch informed the Board he recently purchased a van and all his equipment would be stored inside. There was no public input. p.m. The public hearing was closed at 7:20 Mr. Barnes inquired if any paint was kept at the house? Mr. Futch stated he had made arrangements with Island Painting tostorehis paint with them. They used a toxic waste feeder to rid of any excess/left-over paint. Mr. Thompson verified that there were no other employees. Mr. Munsart questioned if there would be any advertising on the side of the new van? Mr. Futch stated no. Mr. Johns made a motion to approve a home occupational license for Wayne Futch at 924 S. Easy Street to run a painting business. Ms. Brantmeyer seconded the motion. Roi1 call was taken. 7-0 licensewas approved. PUBLIC HEARING - HONK OCCUPATIONAL LZCEliSK - MARK DANIBLS - 748 MULBERRY STREET - LAWIEI4AZIITBIiAiICE Mark Daniels was present and stated he lived at 748 Mulberry Street. PI~%NNING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER .16. 1995 The public hearing was opened at 7:26 p.m. There were 15 notices of the hearing sent out. One non-objection letter was received back. Ms. King stated that the applicant's equipment would be stored along side the house. The vegetative screening was verifiedtobe sufficient bythe Code Enforcement Officer. Staff had no objections to this license. Mr. Daniels indicated his utility trailer was enclosed and also used for his go-carts hobby. There was no public input. p.m. The public hearing was closed at 7:28 Mr. johns questioned if there were any other employees? Daniels stated his wife sometimes helped out. Mr. Mr. Johns made a motion to approve a home occupational license for Mark Daniels at 748 Mulberry Street for a lawn maintenance service. Mr. Barnes seconded the motion. Roll call was taken. 7-0 motion carried. PtlBLX¢ llF. ARXMG - HOME OCCtIPATXOMAL LXCKIiSK - MXDVALE TE~ -LAMMMAINTi~WAMCE Mark Austin was present and stated he lived at 450 Midvale Terrace. The public hearing was opened at 7:30 p.m. There were 19 notices of the hearing sent out. There were no objection or non-objection letters received back. Staff indicated they had no objections to this application. There was no public input. p.m. The public hearing was closed at 7:31 Mr. Austin stated all his Jobs were in the Ft. Pierce area and his equipment was stored in a warehouse in Ft. Pierce. Mr. Munsart noted the applicant's business name was a corporation and questioned Mr. Austin if he had registered with the State. Mr. Austin stated yes and would get copies of his papers to the City Clerk's office. Mr. Barnes made a motion to approve a home occupational license for 450 Midvale Terrace to Mark Austin for a lawn maintenance service. Mr. Johns seconded the motion. pLANNING AND ZONING COMMISSION R~.GULAR MEETING OF NOVEMBER 16, 1995 Roll call was taken. 7-0 motion carried. PI]BLZC HEARING- HOME OCt'UPATZONALLZC~NSE - ADRIAN C~ONL~ - 473 TUNISONLAI~ ............................... Mr. Crowley was present and stated he lived at 473 Tunison Lane. The public hearing was opened at 7:36 p.m. There were 17 notices of the hearing sent out. Therewere no objection or non-objection letters received back. Staff stated the applicant indicated he would be storing his equipment in his garage. They had no objections to this license. There was no public input. The public hearing was closed at 7:37 p.m. Mr. Barnes questioned the applicant what he did with his grass clippings? Mr. Crowley stated he had mulching decks on his mowers. Mr. Johns made a motion to approve the home occupational license for Adrian Crowley at 473 Tunison Lane for a lawn ~ainte~ance service. Mr. Barnes seconded the motion. Roll call was taken. 7-0 motion carried. SXTE PLAN REVXEW - ENVXROCRAFT, PHA~ XX - 400 XMDUSTRXAL CXRCLE Mr. Randy Mosby of Mosby & Associates,. Inc. represented the applicant. He reviewed that at a previous meeting, a minor modification had been granted to move the Phase I building forward. Ail the State permits for the project have been received..PhaseI was currently under constrUction, and the applicant now had a better operational plan for Phase II. Chmn. Thompson stated he visited the site and noted that the parking lot was concrete and not asphalt as the site plan indicated. He had no objections to the change. Mr. Barnes noted one of the conditions ofthe TRC report was that building elevations be submitted for staff verification. He asked if that had been done. Mr. Mosbystated they had been forPhase I since it was under construction. The Phase II building was not under constrUction as of yet, but when the building petit was applied for they would be submitted along with ConstrUction drawings, elevations, and structural plans. This reviewwas for site plan approval only. Mr. Munsart questioned if there were any provisions 'for outside lighting? Staff stated it was noted on the plans. PLANNING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER 16L ~995 MS. Brantmeyer had concerns regarding the 7-1/2 feet co,act parking spaces. Staff stated they did meet the code. Mr. Barnhart, the applicant, was now present at the meeting. Mr. Pliska questioned about the type of materials being used to manufacture the boats and if there was any type of chemical recovery plans for the site? Mr. Barnhart stated the boats were all hand epOxied. His plans had been reviewed by the Fire Marshall's Department and they had no objections. Ms. Kilkelly had questions regarding the irrigation plan. Mr. Mosby stated the irrigation plan was already approved by the BuildingOfficial, and worked out in detail with the construction ~ermits on the Phase I building. Staff had submission of an irrigation plan as a condition in the TRC report. Ms. King stated itwas listed in case there would be changes made beuause of the new placement of the Phase I building. Mr. Mosby stated there would be no changes necessary and the irrigation plan included Phase II. Mr. Barnesmade a motion to approve the site plan for Envirocraft, Inc. Phase II, labeled Job $95-333A from Mosby & Associates, sheet i of 2, revised 11/6/95, and sheet 2 of 2, dated 10/~1/9~, with the condition that the building height verification be confirmed before issuance of a buildingpermit. Mr. Johns seconded the motion. Roll call was taken. 7-0 site plan approved. RBC:QIGIZ~IO&~ZGll 'L'O CZ'~ COONeZL - PR~.,73~ZZlJLR! Z:~IL~ - SUBDZVXBXOll - SC~'~TJMA,IIII CXRG~RC:XJLT., PROPBR~ZBB SUBDZVXBZON Mr. Randy Mosby of Mosby & Associates, Inc. was representing the applicant. He reviewed that at the last meeting, becaUse of some concerns by staff, it was decided to send the site plan to Mr. John Hill, consulting stormwater management engineer, for his review. Mr. MoSby met with him the day after the last meeting. Mr. Mosby stated the property being subdivided was zoned commercial, was always planned to be commercial, had public roads on three sides of the tract, and had public water and sewer. This subdivision had all the required infrastructure already in place, and every lot met or exceeded the minimumstandards for commercial lots in this zoning (CL). He went on to explain the concer~s staff had was that the City was currently under evaluation and design for a master stormwater plan and felt the project should be reviewed byMr. Hill to insure that the subdivision wouldn't have an impact on the master plan, or that it needed to be considered for the master plan. P?.a#NING AND ZONING COMMISSION MEETING OF NOVEMBER 16, 1995 Mr. Mosby explained that subdivisions can be designed two ways; the subdivision can provide its own master stormwater system, or require the individual lots to develop their own stormwater system and have their overflow run-off into receiving bodies of water. Schumann Commercial Properties was designed to have the individual lot owners provide their own on-site retention stormwater management systems to meet all criteria of the City and St. Johns Water Management and all other regulatory agencies~ The tract is near one of the better, original GDC collection systems in the area. Mr. Mosby informed the Board that through a lack of communication with Mr. Hill's office and his office, he did not get Mr. Hill all the information Mr. Hill required for his review until a few days ago (a summary of the 10 year/25 year stormwater run-off calculations). Mr. Hill responded he would get his comments to Mr. Koford as soon as possible. Mr. Koford stated to the Board that staff felt any remaining concerns as such could be resolved prior to the final platting therefore, they should not be any impediment to the preliminary plat approval. Ms. Kilkelly questioned if all applicable Sections of Article 16 and 17 have been or are going to be met? She had concer~s because only Article 16 was mentioned in any of the consulting engineer's comments. She wanted to know if there was any co-ordination with the utility services, as required in Article 17. Mr. Mosby stated the utilities were already there. Indian River County will be providing the water and sewer. Electric will be run in accordingly to whatever facilities come in. This approval was for the division of the landonly, not any development. Ms. Kilkelly stated her concerns were if the new owners would be able to develop their individual lots in the manner that is required from what amenities were going to be available. If a corner convenient store bought a lot, where would the delivery truck loading zone be? Mr. Mosby stated that would bedecided at site plan approval. Ms. Kilkelly felt thatwould be too late. This tract of land was in a residential area. Site plan approval may require an access road or alley to the rear of a Commercial development and where would trash receptacles be located? Delivery areas? Mr. Mosby again stated that was a site development issue. The Board could deny a site plan approval if it did not meet the requirements. This approval was just for the subdivision of land. Ms. King stated the CL zoning in itself dictated what kind of uses could be marketed for this property, with a lot of them being conditional. A potential buyer should have good judgement and look ~ING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER 16. 1995 into the requirements he will have to meet to possibly develop a lot or lots. She sees this being done at the site plan level and not at the subdivision level. MS. Kilkelly stated she felt it was Planning responsibility to see that the codes were met. should try to avoid haphazard development. and Zoning's The Commission Mr. Mosby explained that the current property owner envisioned a small town shopping center with perhaps an ice cream shoppe, drug store, health care facility, etc. which is why they were subdividing the commercial tract into smaller lots to avoid one large business coming in. No bright light facilities. Mr. Pliska questioned the City Manager if all the drainage requirements have been met? Mr. Koford stated some of the data still had to be reviewed by Mr. Hill, but it was the type of data that had to completed prior to final platting. It was not a major concern for preliminary platting. Mr. Koford stated in order to safeguard the interests of theCity as well as that of the property owner or developer, he. suggested the motion, if for approval, would be with the stipulation that the requirements of the code to be complied with at some future date certain prior to the final plat. Ms. Kilkelly asked if those requirements are from bothArticle 16 and 177 Mr. Koford stated he was-referring to that portion of the code that the engineer is requiredto review in order to.make his recommendation for the preliminary plat. In this case, this was for dividing property, not developing it. Page 1099 of' the LDC outlines the criteria fOr subdividing land. Page 1106 has the requirements for preparation of a preliminary plat, and page 1108 has the required supplemental information submitted with the preliminary plat. Ail these codes have to do with the division, not developing of the property. Ms. Kilkelly stated that within these codes there are references to Article 17. Mr. Koford replied that in most instances they were not applicable because the tract has already been serviced, developed and platted in an environment where these requirements are in place already. If that was not the case, Mr. Koford stated he would agree with Ms. Kilkelly. To determine if an alley or access is necessary is up to zoning and comes in with site plan approval, To get the legal meets and bounds of the parcel, to be able to record what easements the City requires, to make sure utilities will be available, to make sure public Streets are available to service at the perimeters of the property; that conforms basically to the requirements of this preliminary plat. PLANNING AND ZONING COMMISSION REGULAR MEETING OF NOVEMBER 16, 1995 Staff considered the highest maximum use of this property and wanted to be sure it would not affect the master drainage plan, which is why they required Mr. Hill to review the proposed'plat. Ms. Kilkelly questioned if approval was given tonight, could the developer begin to sell the property and develop the sites before final plat? Staff stated no. Mr. Barnes made a motion to recommend to City Council to approve the preliminary plat for Schumann Commercial Properties contained on Mr. James Fowler's land survey drawing with a latest revision date of 10/27/95, conditional with the stipulation that the requirements of the Code be complied with at some future date certain, prior to final plat. Mr. Johns seconded the motion. Ms. Kilkelly moved to amend the motion to include the requirements of the Code to refer to both Articles XVI and XVII. Ms. Brantmeyer seconded the amendment. The amendment was denied by the following roll call: Chmn. Thompson NO Mr. Munsart NO Mr. Pliska NO Ms. Kilkelly YES Ms. Brantmeyer NO Mr. Barnes YES Mr. Johns NO Motion denied 2-5. The motion for recommending approval of the preliminary plat was carried 6-1, with MS. Kilkelly voting against. She stated she was afraid Article XVII would be overlooked. None Ms. Br-ntmeyer asked staff if the Board could have Mr. John Hill present his proposed lake plan for stormwater drainage to them so that they could have prior knowledge of it. Mr. Koford suggested that Mr. Hill be present anytime the Board has to review any proposed new platting so their drainage questions can be answered by him directly. It would be advantageous to have Masteller & Moler's engineer at the meetings also, for any questionsthe Board has on his reviews. Ms. Kilkelly requested that staff ask the consulting engineer when he reviews site plans and such that all pertinent SeCtions and Articles are reviewed and not just one in particUlar, i.e.' landscaping, or drainage, etc. Mr. Koford stated the requirement PLANNING AND ZONING COMMISSION ~~~ETING OF NOVEMBER 16. 1995 of the engineer under the code is very specific. Ms. Kilkelly stated she agrees but, if it is just to save money it will cost more in the end. Mr. Koford replied the Florida Statutes and Section 20A-16.4 set up the guidelines for the engineer's review. To go beyond that goes beyond the parameters required of due process for the applicant. Mr. Barnes and the secretary reviewed setting up a tickler system for site plan approvals with notice of termination going to applicants 45 days before the site plan expires. &~TOHNEX MAT~RS: None ST~t~FF I~tTTE~: None Chairman Thompson adjourned the meeting at 8:55 p.m.