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HomeMy WebLinkAbout11211996 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 21, 1996 Chairman Fischer called the ~ to order at 7 P.M. PRESENT: Ms. KilkeHy Mr. Math~ Mr. Pliska Ms. Vesia Mr. Drivor Chm. Fisc~r EXCUSED ABSENCE: Mr. Munsart Mr. Schulke Mr. John~ ALSO PRESENT: Jan King, Zoning Technician Bob Massarelli, Community Development Director Dori Boswortk Secretary Ann Braclc, Secretary ANNOUNCEMENTS: Chnm. Fisher noted that Mr. Munsart and Mr. Schulke were ¢xcus~ and Ms. Kill,oily and Mr. Driver will be vorin~ in their places. Chmn. Fisher also noted that he signed off on a minor site plan modification for Skydive Sebastian to move the 12 x 42 modular building south fifteen (15) fo~. A ,I OVAL OF MOTION by Mather/Veaia I move ~ approve ~ ~u~.ofNov~r 7, 1~6 ~ ~. Roll ~ ~ ~. 6 - 0 m~on ~. A. Recommendation to City Council -Special Use Permit - Joe Graham ~-1021 U.S. Hi~Jmay 1 - Boat Sales: in CG Joe Graham of 805 Indian River Drive was present. Mr. Massarelli gave the staff presentation. It is recommended that the Planning and Zoning Commission recommend approval of the application for the special use permit for boat sales on U.S. 1, and: 1. that you find that the requested use is not detrimental to the public health, saf~ and welfare nor is it injurious to the properties or improvements in the vicinity that Council. find that the use is consisteat with the purpose and intent of the Commercial General Zoni%~ District and it is demonstrated to b~ similar in nature and compatible with the uses allowed in that District 3. it is recommended that the City Council approve th~ application for the special use permit for boat sales on U.S. 1 Mr. Graham noted that the plans to remove any additions that have been added to the building and return it to it's original structure and clean it up. This will bea new boat sales. All incluirie~ from members were answered satisfactorily. MOTION by Mather/Vesia I make a motion that we recommead to City Council that the applicant's request for a special use permit to operate a boat sales on U.S. 1 to Boat Depot be approved as per staff's recomnumdation. NEW BUSINESS: B. PUBLIC HEARING - MODEL HOME PERMITS - 498 & 496 TULIP DRIVE - MGB CONSTRUCTION, INC. Mr. Bill Ballough, 955 Starflower Avenue, Sebastian, was present and representing MOB Con.sxmetion. There were fourteen (14) notices of hearing sent out. We received no objection or non- objection le~ers. Jan King gave a staff presentation. Staff would recommend approval of both Model Home Permits. The public hearing was opened at 7:15 P.M. There was no public input and the hearing was closed at 7:15 P.M. MOTION by Pliska/Driver I make a motion that we approve the Model Hon~ application for 496 Tulip Drive and 498, for MOB Construction, Inc. Roll call was taken. 6 - 0 motion carried, C. PUBLIC HEARING- MODEL HOME PERMIT - 1655 BARBER STREET - HOLIDAY BUILDERS, INC. Richard Hawkes, Vice President, Holiday Builders, Melbourne. There were twenty-five (25) notices of hearing sent out. objection letters. 1901 South Harbor City Blvd., We received no object/on or non- Jan King gave the staff presentation. Staff recommends approval of this permit for a one (1) year period. The public hearing was opened at 7:16 P.M. There was no public input and the hearing was closed at 7:16 P.M. MOTION by MatherNesia I make a motion thai we approve the Mod~l Home application for Home Builders at 1655 Street per the staff's reco~on. Barber Roll call was taken. 6 - 0 motion ean'ied, D. PUBLIC HEARING - MODEL HOME PERMIT RENEWAL - 166.1 BARBER STREET - HOLIDAY BUILDERS, INC. There were twenty-five (25) notices of heating sent out. We received no objection, or non- objection letters. Jan King gave the staff presentation. Staff recommends approval. The public hearing was opened at 7:18 P.M. There was no public input and the heating was closed at 7:18 P.M. MOTION by Vesia/Mather I make a motion that we approve the Model I-Icnne renewal application for Holiday Builders at 1661 Barber Street. Roll call was taken. 6 - 0 motion carried. E. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 449 PONOKA STREET - FRANK GARLAND - PLUMBING AND DRAINFIELD REPAIR Frank Garland, 449 Ponoka Street, was present. There were tea (10)notices of hearing sent out. We re~ved no objection or non-objection letters. Jan King gave the staff presentation. All requirements were agreed to by the applicant and staff recommends approval. The public heaxing was opened at 7:20 P.M. There was no public input and tho hearing was closed at 7:20 P.M. MOTION by Mather/Driver I make a motion that we approve the Home Occupation License for Garland Septic, Inc., 49 Ponoka Stre~ per the staff recommendation. Roll call was taken. 6.4) motion carried. F. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE 742 VOCELLE AVENUE- RONALD SLAWSKI - PAINTING CONTRACTOR Mrs. Marie $1awski, 742 Vocelle Avenue, was present for her husband. There were eighteen. (18) notices of hearing seat out. We reeafived no objection or non- objection letters. Jan Kiog gave the staff presentation. Staff recommends approval. Th~ public hearing was opened at 7:24 P.M. Th~m was no public input and~ hearing was closed at 7:24 P.M. MOTION by MatherNesla I make a motion that we approve the Homo ~pational Lieamse for Blue Ribbon Painting, 742 Vocelle Avenue, per the staff's recommeaglafion. Roll call was taken. 6 - 0 motion carried. G. ACCESSORY STRUCTURE REViEW - SECTION 20A-5.7 1. 761 WiMBROW DRIVE - EDWARD KEEFEISMALLEY SHED CO. Edward Kee~, 761 Wimbrow Drive, was present Bob Massarelli gave the staff presentation: Staff recommends approval of the request for the accessory structure. MOTION by Vesia/Driver I make a motion that we approve the accessory structure for Mr. Ke~ at 761 Wimbrow Drive. Roll call was taken. 6-0 motion carried. H. PUBLIC HEARING - CONDITIONAL USE PERMIT - SEBASTIAN VILLAGE - RESORT/HOTEL IN THE .CL ZONiNG DISTRICT Mr. Massarelli gave a brief staff r~ort and reCOmmended approval. The general consensus of the Committee was 'that they would proceed even though the applicant was not present., The public hearing was opened at 7:28 P.M. There was no public input and the hearing was closed at 7:28 P.M. MOTION by Mather/Driver I make a motion that we approve the Conditi~ Use Permit for the Sebastian Village. Roll call was taken. 6-0 motion carried. CHAIRMAN MATTERS: Chnm. Fisher mentioned the new resolution for the quasi-judicial hearings that each member received tonight. Mr. Massarelli noted that City Council directed the City Attorney to re-work the quasi-judiciaI ordinance and there is now a re. solution govorning it. All Boards and Commissions will be utilizing this format from now on. Tho procedure remains pretty much the sang except the ex para communication in land use decisions. We do not have to disclose ex parte communication. Bob also noted in the resolution, the secretary will be issuing the oath. It also clarifies when quasi- judicial procedure .is necessary. Mr. Mather asked about the sidewalks at Chesser's Gap. Bob replied that lot drainage is very important, and if sidewalks are installed before the homes are built, it could become a problem. Ms. Vesia asked about the signs in the crosswalks on Barber Street at the Learning Nest. Bob replied that it is on his list of'~dngs to do". Mr. Pliska asked when will the workshop be set up to go over the code on Occupational Licenses for the home. Bob replied that he is currently working on thirteen (13) ordinances to change the procedures m the Land Development Code. It is his intention to bring that to the Commiss~ at the next meeting. With a full agenda for the :next couple of months, we could probably target February for a workshop for Home Occupational Licenses. ~.IRECTOR MATTERS: Bob talked of a request for an interpretation of the code. He mentioned Bruce Cooper, who is present representing Mr. Hankim with tbe Lady Dolphin. The Lady Dolphin is currently docked at one pier and they want to move it to their own pier. In order to do that, DEP is requiring them to add a 150 fL extm~ion to their current 100 fL dock. At 5fo wide, that would be a 750 square feet addition. DEP is now requiring them to obtain ail local permits before they issue the State permit. Bob's question is interpretation of the code - there is an existing site plan, it is a simple extension of the dock, but it is over the 500 square f~. ~ce of a structure in a minor site plan. The question is, is this really a major modification to.the site plan and should it come to the P & Z, or can this be considered a minor modification to the site plan? We are seeking guidance from the Commission in going ahead with this dock extension. Bruce Cooper presented the Commission members a letter with back-up information and references to the Code. DEP is ready to issue the submerged land lease for this dock extension, but requires all local ~ to be obtained first. DEP is requirin~ ~he addition on thi.~ dock only for the Lady Dolphin use, probably to keep the boat beyond the sea'grass bed and to protect the ecosystem. Mr. Pliska brought up tho subject of earlier discussions on waterfront setback accessory uses, and Bob noted that this issue is dearly a waterfront accessory use and is dearly allowed in the setback., and is not related to the earlier diSCUssion. Bob noted that this addition to the dock is not increasing the intensity of the use, not adding any extra requirenum~ on the parking, not adding additional requimne~ on drainage or storm water ~ not changing landscaping or signage. He suggested some flexibility in interpreting the code on this issue. The environmental issues are usually yielded to DEP or St. Johns River Water Management Dept. to address. Because the City is not fully equipped to handle these types of ~viromuev/~ issues, it is much more efficiemt for the local govermuent to yield to the experts at DEP. He also noted that this case is not an intensification of uses, and suggested that it should be considered a minor modification and let us r~view it at staff l~el and have the Chairman sign off on it. Ms. Kilkclly asked about the electricity and water. Mr. Cooper responded that DEP looks at everything; construction, accessories and any proposed facilities or accessories facilities. Obviously electric is automatic for adock like this Chnm. Fischer noted that he felt this should be a minor site plan modification, and is glad that DEP is pushing the boat out further to get it off the sea grass. Bob noted that if a half-inch water line was nm out this dock and it broke, the amount of fresh water dumped into the lagoon would be insignificant compared to the rain. The consensus of the Committee is to make this a minor modification of a site plan. The second item to be discussed is on page 649 of the Code under ~he general requirements. Bob referred to the plural use of the word "duplexes". His question is, if you put two duplexes on a larger lot (one that has enough, square footage to accommodate two (2) duplexes), does it require a site plan to be approved by the Planning and Zoning Conunissio~? Also, if three lots 6 ,¸ have a unity of rifle, and there are three (3) dupl~es put on ~ now - one lot, does that require a site plan? Ms. Kilkelly suggested that any time ~ is mom than one (1) duplex to be built on one property, it deserves the P & Z's atte~on, and most members ageed.. Bob suggested that if the Commission warns this type of issue brought before them, he Will work with the applicant to minimize the cost. He feels it would .be a good idea for the Commission to look at situations like this. Bob received a letter from G-iuseppe's which is a request for consideration of putting a carwash on Rt. 512. A carwash is dealt with as a special use category and be felt that P & Z should look at this and investigate whether this would be an accepted use on Rt. 512. Two issues are involved - land use issue, and a site plan. He suggested that the land use issue should be considered first, as traffic increase and noise impact on residential properties are involved. Chmn. Fischer noted that Commercial Limited-512 is more strict than the regular Commerc~a Limited. He suggested that a carwash would be more appropriate in a Commercial Limited or Commercial GonerS, or Industrial zoning. Bob cautioned the Commission on basing any decisions on tra~c increase in the CR 512 district, as traffic is going to significamly increase in time. The general consensus from the Commission is that carwashes need to be in a.heavier zoning district such as Chron. Fischer noted. Bob noted that he is uying to wind up work on the Riverfrong at least the first phase, by March, 1997. He will recommend to the City Manager and the City 'Council that the next area to be focused on will be the Rt. 512 corridor. Tbe County is appamnfly doing a Rt. 512 corridor study, and he suggested that we might dovotail our work to theirs and come up with something for the entire Rt. 512 corridor, from U.S. 1 to 1 95. He noted that he is working on thirteen ordinances as discussed at the last meetly. He has talked with the City Manager about having a workshop with the City Council at the December 1 lth meeting, so we will be getting some guidance from City Council then. He also noted that he is working with Les Solin on the scope of services for the Compre, bemive Plan and should have them ready right aiter the first of the new year. Wheo the budget was first put together, the money was just to do the. Comp~ive Plan, and Ameodments Within that same budget. So, it looks as though we may havethe LDC project completed by the end of next year. Bob was in T~lhha~see on Tuesday, Nov. 19, 1996 on the Historical Grant. We received high ranking from the staff and recommendation of full funding. There were six or seven projects which recxi~ a high-high ranking, but all things considered, them would still be some funds left for ns of approximately $50,000. We should hear something tomorrow. Some very favorable commems came from the conuni~ that reviews those grants. One member from Ft. Pierce spoke highly of Sebastian, how nice it looks, the level of efftgt and commitment of 7 Sebastian in the Compmhemive Plan, spending $50,000 on the Comp. Plan mmmdments for a city of only 13,000 people. It was nice to have these comments presentml in Tallabassee before an auditorium full of people going after grant money. The planner position will be advertised'soon. Hopefully, a/ter the first of the year, we will have a planner on board who will focus on staff r~ports and give me more ~ to focus on the Comprehensive Plan procedure, and the Land I)~velopment.Code. 9. Collior Creek Estates will hopefully be ~ning to you at the noxt 10. C-race's Landing site plan just came m. 11. The County will be running a wat0r line on Louisiana Ave. from Main St..to CR 512. Bob noted that there is a ~us amount of traffic in the office looking at commercial opportunities, medical projects, a couple office, buildings being purclmsed and redone. The Keene's property has had a lot of inquiries withm auy ideas'. Nothing definite has lmppemed on that property yet. He noted that we are the only area in Indian River County where the appraised value in the City went down this Past year, ap~y. because of the number of vacant lots that .we have. So, as we have more development, and fearer lots available, property values will start to increase~ and the tax Chnm. Fischer adjourned the meeting at 8:21 P.M. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TF~ EPHONE (407) 589-5330 n FAX (407) 589-$570 AGENDA THURSDAY, NOVEMBER 21, 1996 PLANNING AND ZONinG COMMISSION 7:00 P.M. 2. 3. 4. 5. 8. 9. CALL TO ORDER. ROLL CkI~. A,I~OUNCEI~NTS = APPROVAL OF MZFdTES: Regular Meeting of November 7, 1996 OLD BUSZNESS: A. Reconunend&t~on go C~y Council - Special Use Pe3m~t - $oe ~ahan - 10~! U.S, H£gh~a¥ #1 - Boat Sa~es in CG NEW BUSINESS: B. Publ£c Hearing - Model Home Permits - 498 & 496 Tulip Dr£ve - MGB Construction, Inc. C. Public Hearing - Model Home PeFmit - 1655 Barber Street- Holiday Builders, Inc. D. Public Hearing - Model Home PeFmit Renewal - 1661 Barber Street ~ Holiday Builders, Inc. E. Public Hearing - Home Oacupationa! LiCense - 449 Pono~a Street - Fran~ Garland - P~umbing and Drain~£eld Repair F. Public Hearing - Home Occupational License - 742 Vocelle Avenue - Ronald Slavs~i -~Pa~nting Contractor AcceSSOL~ StL'UCtUFe Review - Section 20A-5.7 ~. 761Wimbro~ Drive - Edward Keefe/Smalle¥ Shed Co. H. Public Hearing - Condit~ona! Use Permit - Sebastian village - Resort/Hotel in the CL Zoning CHAIRMAN MATTERS: MEMBRItSMATTERS: DZRI~CTOR MATTERS: ATTORNEY MATTERS: 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 mATE 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.