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HomeMy WebLinkAbout11201997 PZ1 CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF NOVEMBER 20, 1997 Vice Chmn. Munsart called the meeting to order at 5:05 P.M. as Chmn. Fischer will be late arriving. The Pledge of Allegiance was said. ROLL CALL: PRESENT: VChmn. Munsart Mr. Thomas Ms. Kilkelly(a) Chmn. Fischer (arrived 6:21) Mr. Mather Mr. Schulke Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Driver(a) ALSO PRESENT: Robert Massarelli, Community Development Director Tracy Hass, Planner II Ann Brack, Recording Secretary OLD BUSINESS: None NEW BUSINESS: A. Land Development Code Revisions - Continuation of Draft Review - Amended Articles C-512: Mr. Massarelli opened discussion on page V-9 with Commercial Districts. Mr. Schulke asked questions about nursing homes, the FAR in reference to conditional uses, as in page V-6, how is the number of beds in a nursing home controlled. Mr. Massarelli responded that he will discuss this with Mr. Solin and report back. There was discussion about ADT (Average Daily Trips) and information on this issue. Mr. Schulke commented that all Board members may not be familiar with these calculations, and Mr. Massarelli agreed to provide information on this at the next meeting. There was discussion on side -yard setbacks. It was noted that a zero side setback would not meaning sharing a single wall. 14"11\ LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 20, 1997 Limited Commercial District: There was some discussion on the differences between C-512 regulations and Limited Commercial. There was discussion on the rate of trips generated based on building square footage. Mr. Schulke gave some examples of these calculations. Staff asked for opinions from the members on the importance of using neighborhood impact for an anticipated project. Mr. Massarelli suggested the Board do an evaluation in the Limited Commercial District and determine the number of trips per day for various uses. Mr. Schulke suggested that total ADT would solve the problems and provide some flexibility. Mr. Schulke noted that there is a balance in a district, from uses that use more traffic, to those that use less traffic. Mr. Massarelli noted that he will bring some charts to show the types of uses and how to break it out into low, medium and high intensity, at the next meeting. Ms. Kilkelly noted that medical services were omitted from permitted uses. Staff indicated they would double-check to make sure everything that is in the Code now - still is included. General Commercial: The issue of adult entertainment was discussed and staff reminded Board members that this use must be allowed somewhere in the City, and the Code presently allows it in General Commercial. It is presently listed as a conditional use, and it must be put back in the Draft. Staff noted that in Article XII, there is detail on Adult Entertainment because it is desired to take it out of the Code of Ordinances and move it into the Land Development Code. There was discussion on the need for provisions relating to inadequate right-of-way on certain streets in General Commercial including U.S. 1. The issue of U.S. 1 becoming six (6) lanes in the future was included in this discussion. Mr. Massarelli pointed out that under current law, once a City has reached a certain level of service, which is set by DOT on U.S. 1, no more building permits may be issued. He also noted possible effects of concurrency on the City of Sebastian. He then made suggestions for alternate routing of traffic around Sebastian. Taking a pro -active stance on these things might eliminate the need to increase the set -backs. There was discussion of four (4) lanes or three (3) lanes on Barber Street, Schumann Drive, and Laconia. Mr. Thomas noted that the Sebastian River Bridge to the North will be a detriment to six (6) laning 2 /an*� LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 20, 1997 U.S. 1. He suggested by-passes for Roseland Road and CR -512. Riverfront Mixed Use District: Staff referred to the last City Council meeting and the fact that this subject was discussed for several hours. Council's decision was to have a Riverfront Mixed Use category for the future land use map, but pull out all Institutional properties, and have the river as conservation. He explained a compromise for Council by implementing the Riverfront Mixed Use with current zoning and pointed out several areas. He then spoke of the confusion and anxiety this subject of Riverfront Mixed Use seemed to be causing. Mr. Massarelli suggested waiting about a year so the Community can get comfortable with it and then go forward with a Riverfront Mixed Use district. Mr. Pliska commented that the Riverfront area is already mixed use, as are most waterfront communities along the entire eastern coast. He noted that it is a riverfront form of living with residences, businesses, offices and estates intermingled. Mr. Thomas noted that some people who move here to Sebastian felt they were leaving this type of mixed use behind, wherever they came from. Ms. Kilkelly feared abandoning the residences that are down there now, that in the future, they roll"N would be surrounded by businesses. She noted that if it is kept as a mixed use, it could still possibly have residences built next to residences. Mr. Massarelli noted that City Council wants a mixture of zoning districts to get to that mixed use. The consensus of this membership was to drop the Riverfront Mixed Use Mr. Massarelli repeated Council's direction that they want Riverfront Mixed Use future land use district, but they want it implemented through the existing zoning. Industrial: Mr. Schulke remarked that Section 20A-5.21.2 was missing. Ms. Kilkelly commented that this Section was listed in the glossary. Mr. Schulke mentioned several pages that had what appeared to be discrepancies. It was determined to adjourn for now, and after the P & Z meeting, decide if the members want to continue with this LPA meeting. The meeting was adjourned at 6:37 P.M. W 3 (11/25/97 AB) 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 /vyy ems Ef—t as , APPROVED AT MEETING HELD A. FISCFIER, CHAIRMAN C -P - Lnj E. ANN BRACK, RECORDING SECRETARY D�WOR ,SECRETARY PZ',IAF.DOC /0101\ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 20, 1997 Chairman Fischer called the meeting to order at 7:06 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Munsart Mr. Driver(a) Ms. Kilkelly(a) Mr. Thomas Mr. Mather Chmn. Fischer Mr. Pliska Mr. Schulke Ms. Vesia ALSO PRESENT: Robert Massarelli, Community Development Department Tracy Hass, Planner H Jan King, Zoning Technician Ann Brack, Recording Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES: (LPA 11/6/97) MOTION by Munsart/Mather I move we accept the minutes of the LPA for November 6, 1997. A voice vote was taken. 7 - 0 motion carried. NEW BUSINESS: A. PUBLIC HEARING - MODEL HOME PERMIT - 197 JOY HAVEN DRIVE - COASTLINE DEVELOPMENT, INC. Mr. Dennis Quigley, 4105 Sable Palm Drive, Vero Beach, FL, the applicant, was present. He gave a brief presentation on his proposed model home. Ms. King gave staff presentation and recommended approval and noted that prior to the issuance of the actual permit, the Building Department will need to do a final inspection on the home and issue a Certificate of Occupancy, and they will also have to do a parking inspection on the proposed model home parking. Chmn. Fischer opened and closed the public hearing at 7:09 P.M., and there was no public input. <40611\, /00�\ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 20, 1997 Mr. Thomas asked if there was any relationship or conflict of interest to Mr. Schulke of this Board. Mr. Schulke indicated that he had already made his money and there was no conflict. Mr. Pliska asked if some other material could be used for the parking area besides white shale or stones, which become a nuisance on the streets. There was a suggestion of using turf blocks. Staff noted that they would look into this issue. There were twenty-six (26) notices of hearing sent out and there were no objection or non -objection letters received. MOTION by Vesia/Munsart I make a motion that we approve the conditional use permit for Coastline Development for a model home at 197 Joyhaven Drive. A voice vote was taken. 7 - 0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 473 MEMORIAL AVENUE - VANESSA COLE - LEGAL TRANSCRIPTION Vanessa Cole, 473 Memorial Avenue, was present. There were twenty-four (24) notices of hearing sent out and there were no objection or non- objection letters received. Ms. Cole gave a brief description of her service. Ms. King gave staff presentation and recommended approval. Chmn. Fischer opened and closed the public hearing at 7:16 P.M. MOTION by Mather/Thomas I make a motion to approve the conditional use for Home Occupational License for Vanessa Cole at 473 Memorial Avenue, Sebastian. A voice vote was taken. 7 - 0 motion carried. C. SITE PLAN REVIEW - MAJOR MODIFICATION - OYSTER POINTE RESORT - 30 -SLIP REPLACEMENT DOCK Mr. George Kulczcki, Environmental consultant for this project, and President of G.K. 140t� Environmental of Vero Beach, 155 McKee Lane, was present representing the applicant. He gave a short presentation on the proposed dock replacement and noted that there is an ownership dispute between the original land owner of Oyster Pointe and Oyster Bay. There has been a lawsuit 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 202 1997 entered into necessitating the relocation of the dock. He also noted that the proposed dock will be extended out much further than the old dock to protect the resources. He called attention to the Resources Protection Plan that was included in member's packets. Mr. Hass gave staff presentation and recommended approval with conditions on page nine (9) of the staff report. He also noted that they have met the requirements in Policy 5-1.2.12 in Section E - Dock Facilities, which addresses consistency. Mr. Thomas asked about a fence, and Mr. Kulczcki responded to these questions, noting the "Captain's House" and the proximity of the fence to this structure. Mr. Munsart suggested a light be installed halfway between the Captain's quarters and the security gate. He noted that the plans do not show either the light or the fence (railing). Chinn. Fischer noted that these are not required, but they could be included for safety. Ms. Kilkelly asked about the subject of monitoring the Resources Protection Plan and staff noted that Code Enforcement will periodically check on it, along with State inspections. MOTION by Mather/Thomas eooll� I make a motion that we approve the Oyster Pointe Resort dock - boat dock, on 1570 U.S. Highway 1, Sebastian, Florida, per Project 260, sheet P 1 of three, the site plan of Brooks Watson, P.E., 403 Palm Springs Blvd., Indian Harbour, Florida, date of 11/9/81, revised 10/23/97, and the staff's recommendations. Roll call: Ms. Vesia - yes Mr. Thomas - yes Chinn. Fischer - yes Mr. Schulke - yes The vote was 7 - 0. Motion carried. Mr. Munsart - yes Mr. Mather - yes Mr. Pliska - yes D. PUBLIC HEARING - PRELIMINARY PLAT REVIEW - BARBER STREET TRADE CENTER SUBDIVISION - J. SCHULKE Mr. Schulke declared a conflict and submitted Form 8B to the Secretary. Chinn. Fischer noted that Ms. Kilkelly will be voting in place of Mr. Schulke. Mr. Joseph Schulke, 59 Blue Island Street, Sebastian, FL, one of three owners of the property and also the project engineer, was present and identified the subject property, and made a presentation. Mr. Hass gave staff presentation. Mr. Massarelli referred to pages 1191 and 1198 in the code, and asked for input on interpretation from Commission members on easements. He also discussed right-of-way versus easement and PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 20, 1997 noted page 1207. Mr. Schulke noted that this project will have curb and gutter, and swales would not be needed. Staff suggested an easement in accordance with a minor collector street which would be sixty (60) feet, fifty (50) foot access and five (5) feet on each side for utilities and drainage. Ms. Kilkelly mentioned ingress and egress and there was discussion on this and referred to page 1100 of the Code. Chmn. Fischer opened and closed the public hearing at 7:50 P.M. and there was no public input. Ms. Kilkelly suggested that on page two (2) of the staff report, .894 acres noted as "open space" be changed to "green space". After referring to present Code, Mr. Massarelli pointed out that open space and green space are treated the same. There was discussion on the traffic analysis. Mr. Hass noted a correction in the staff report on pages 2 and 6, in the narrative and analysis, the last sentence should read "west" side. MOTION by Mather/Munsart I make a recommendation to City Council for approval of the Barber Street Trade Center Subdivision, primary plat approval of the subdivision, 4.5 acres, parcels of four lots, for commercial - industrial use per prints Joseph Schulke, Consulting Engineer, sheets 1 through 5, called Barber Street Trade Center, site improvement plan, date 10/97, with the proviso that we have gone for a fifty -foot easement because of the curb and gutter arrangement of the road, instead of going to the sixty -foot easement as called out on page 1198 of the present regulations, recommendations of staff or comments of Planning and Zoning report, I recommend to City Council. AMENDMENT by Kilkelly/Mather I move that we amend the motion to include the condition that an adjustment be obtained in accordance with Section 20A-16.1.1), an adjustment regarding the second ingress and egress road. Roll call on amendment Mr. Mather - yes Mr. Pliska - yes Ms. Vesia - yes Mr. Thomas - yes The vote was 7 - 0. Amendment carried. 4 Chmn. Fischer - yes Mr. Munsart - yes Ms. Kilkelly(a) - yes r 1''",\ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 20, 1997 Roll call on Mr. Munsart - yes Mr. Thomas - yes motion: Ms. Kilkelly(a) - yes Chmn. Fischer -yes Mr. Mather - yes Ms. Vesia - yes Mr. Pliska - yes The vote was 7 - 0. Motion carried. Ms. Kilkelly inquired about the signs to be posted on new development sites, and staff responded that they will start going up this week. CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Munsart inquired about the County's status of the CR 512 and Barber Street intersection. Staff responded that the City has contacted the County engineer to have them review the design of the intersection and see if anything can be done to improve it. Staff suggested that striping might improve it, but this issue will be followed up on and a report brought back to this Commission. DIRECTOR MATTERS: Mr. Massarelli referred to the model home permit approved tonight. He noted that model homes require five (5) parking spaces, two (2) of which could be in the driveway, and three (3) additional would be necessary. He presented a question which included a sales center, with a model home adjacent next door - would the model home still need five (5) parking spaces, or is it more like an accessory use to the sales office. The consensus of the members was that at least five (5) spaces should be provided. Chmn. Fischer adjourned the meeting at 8:13 P.M. (12/1/97 AB) W FORM 8B MEMORANDUM OF VOTING CONFLICT FOR OUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS NAME- FIRST NAME -MIDDLE NAME Jas H w,t-t MAILING ADDRESS r72 UWE iGL(a;'% 57 CITY COUNTY DAI'EON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITT ftp/J,-))NJ THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON 'W�/HICH [SERVE IS A UNITOF: /� CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY /NAME OF POLITICAL SUBDIVISION: 3 r-13 N5-111�'N MY POSITION IS: O ELECTIVE APPOINTIVE WHO MUST FILE FORM 811 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed 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 (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. -�u YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH IE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PACE 1 IF YOU MAKE NO ATTEMPT TO 1NFLjENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutest^ the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST C76 GoKj V LIC hereby disclose that on (a) A measure came or will come before my agency which (check one) Xinured to my special private gain; inured to the special gain of my business associate, — inured to the special gain of my relative, inured to the special gain of whom 1 am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 1 /*Iu Jv I prx; -'�- //-d , 19� 1 : , by , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FORM 8B- 10-91 PAGE 2 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD 010 1 C19 �1 APPROVED AT MEETING HELD 17 14 41 E. ANN BRACK, RECORDING SECRETARY DOR[RbSWORTTLSECRETARY PZMAF City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, NOVEMBER 20, 1997 PLANNING AND ZONING COMMI S S ION 7:00 P.M. 1. CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE. 3. ROLL CALL. 4. ANNOUNCEMENTS. 5. APPROVAL OF MINUTES: LPA Meeting of November 6, 1997 6. NEW BUSINESS: A. Public Hearing - Model Home Permit - 197 Joy Haven Drive - Coastline Development, Inc. B. Public Hearing - Home Occupational License - 473 Memorial Avenue - Vanessa Cole - Legal Transcription C. Site Plan Review - Major Modification - Oyster Pointe Resort - 30 -Slip Replacement Dock D. Public Hearing - Preliminary Plat Review - Barber Street Trade Center Subdivision - J. Schulke 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY 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. TWO OR MORE ELECTED ewl*1 OFFICIALS MAY BE IN ATTENDANCE AT THIS MEETING. City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 U 014 -D Rt0 . THURSDAY, NOVEMBER 20, 1997 LOCAL PLANNING AGENCY 5:00 P.M. 1. CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL. 4. OLD BUSINESS: 5. NEW BUSINESS: A. Land Development Code Revisions - Continuation of Draft Review - Amended Articles 6. CHAIRMAN MATTERS: 7. MEMBERS MATTERS: 8. DIRECTOR MATTERS: 9. ATTORNEY MATTERS: 10. 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. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE.