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HomeMy WebLinkAbout12031998 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 3, 1998 This meeting wes voice broadcast over Falcon Cable TV Channel 35. Vice Chairman Schulke called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROI~I, CA~L: PRESENT: EXCUSED ABSENCE: UNEXCUSED ABSENCE: Mr. Mahoney(a) Mr. Mather Mr. Pliska Ms. Vesia Mr. Scott Mathis Mr. Carl Fischer ALSO PRESENT: Mr. MacWilliam(a) Mr. Thomas VCh. Schulke Tracy Hass, Growth Management Director Jan King, Growth Management Manager Ann Brack, Recording Secretary A. Public Hearing - Home Occupational License - 111 Indian Avenue~.: .- Mr. Donald Clark, 111 Indian Avenue, Sebastian, was present, and wa ~*'"'~" pm. He gave a brief presentation. (None) OLD BUSINESS: ~W BUSINESS: ANNOUNCEMENTS: VChmn. Schulke announced that Mr. Scott Mathis has an excused absence, and Mr. Mahoney(a) will be voting in his place. Mr. MacVVilliam(a) will be voting .in place of Mr. Fischer. APPROVAL OF MIN UTES_: (11/19/98) MOTION BY Mather/Vesia I make a motion that we approve the minutes of the November 19~ meeting, A voice vote was taken. 7 - 0 motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 (VChmn. Schulke also swore in Jan King at 7:05 pm,) There were thirty-four (34) notices of hearing sent out and there were .n~..: ~je~_ ion or non-objection letters received. Jan King gave staff presentation, noted that this address will be an~.~ address of convenience only, and recommended approval. VChmn. Schulke opened and closed the pUblic hearing at 7:06 pm, and 'there wes no public input. Mr. MacWilliam inquired of the applicant whether or not he used any gasses, etc. in his Mr. Clark listed the items he will use that will be stored in the work truck. He also noted that he will be filling out an EPA code card that states what chemicals he has on the truck. He answered satisfactorily all other questions from Commission members. MOTION by Vesia/Mather I make a motion that we approve the Home Occupational License ~for Doc's Air Conditioning, Donald O. Clark, at 111 Indian Avenue, Sebastian. Roll call: Mr. Mather - yes Mr. Pliska - yes Ms. Vesia - yes Mr. MacWilliam(a) - yes Mr. Thomas - yes VCh. Schulke - yes Mr. Mahoney(a) - yes The vote was 7 - 0. Motion carried. B. Public Hearing - Model Home Permit - Holiday Builders - Collier Club PUD - Collier Club Drive Mr. Allan Greene, 2152 58th Avenue, Veto Beach, was present representing Holiday Builders. VChmn. Schulke swore in Allen Greene, Damien Gilliams, Todd smith, and Allan Schommer at 7:10 pm. There were four (4) notices of headng sent out and there were no objection. Or non- objection letters received. Jan King gave staff presentation and recommended approval. She noted that this model home at the Collier Club PUD will need a final parking inspection and certificate of occupancy before the model permit can be released. She then noted that the plan appears to meet all of the requirements of Section 20A-6.1 of the Land Development Code. .2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 VChmn. Schulke opened and closed the publiC hearing at 7:17 pm, as there was no public input. There.was discussion about the certificate of occupancy versus the final plat approval. It was determined that final plat approval must be obtained before the certificate of occupancy can be granted. MOTION by Mather/MacWilliam(a) I make a motion that we approve Holiday Builder's conditional use permit application at Collier Creek Drive for a model home. Roll call: Mr. Pliska - yes VCh. Schulke - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - no Mr. Mather - yes Mr. MacWilliam(a) - yes The vote was 6 - 1. Motion carded. B. (1). Public Hearing - Conditional Use Permit - Restaurant within the MCR Zoning District- Paradise Marina- 1'109 Indian River Drive Mr. Damien Gilliams, 1623 U. S. Hwy #1, Sebastian, was present representing the applicant. He also introduced his engineer, Mr. Todd Smith, 440 11~ Lane SW, Vero Beach, FL, 32962. There were seven (7) notices of headng sent out, and no objection or non-obj~ letters ware received. Mr. Todd Smith gave a presentation requesting a permit for additional use of a deli/mw bar, and also a shell parking lot to accommodate the additional parking:~ He noted the two structures on the site - a main building .and a cabana. He indicated that both facilities would be used for raw bar and deli, and ~the seating limitations would be based on the parking that is provided. Mr. Tracy Hass gave staff presentation, noted that the applicant has really jUSt: updated previously approved plans, in keeping with the Riverfront standards. He noted that the City Engineer has approved the porous parking area, and it must also be approved by this P & Z Commission. He referred to the staff report, item f~2.2 - conditions needed for the conditional use permit, and #24, requirements of the Indian River'County Health Dept. Mr. Hass then noted that parking requirements and updated landscape standards have been met by the applicant's plans. Staff recommends approval with the three (3) conditions contained in the staff report under item ~27. He also reminded the Commission members that a separate motion .will be needed to approve the conditional use permit. VChmn. Schulke opened the public headng at 7:27 pm. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 Mr. Jim Hankins, owner of adjacent property SlX~e in favor of the above :all~plication. VChmn, Schulke closed the public headng at 7:28 pm, Mr. Pliska had issues with the restmom at the beck of the building and the retaining walls that seem deteriorated. He recomrnended that the restroom be.shielded from public view. Mr. Gilliems agreed to correct any problem that would be offensive to the general public. Mr. Hass commented that this problem will be inspected before a certificate of occupancy is issued, and that the Health Department will also be inspecting. Mr. Hass noted that the retaining wall is handled by DEP. Mr, Pliska asked about the roof - is it required to be brought up to the Riverfront standards? Mr. Hass responded that because the use is not changing, and they are not increasing the value by 50%, that present renovations don't have to meet Riverfront criteria. In response to Mr, Pliska's inquiry about "color", Mn Hass responded that Mr, Gilliams has agreed to use earthtones and abide by the color recommendations in the Riverfront Ordinance. There was discussion on parking spaces, change of use, ingress and egress of the fenced area, nonconforming use, and upgraded landscaping. The topic of removing some of the present concrete from the right-of-way was discussed, There was discussion of the cabana in proximity to the pool, and Todd Smith:noted for the record that it is doubtful if this swimming pool could ever be retrofitted.,..:and' there Js no plan to ever use it, but if that idea ever changed, additional parking woUM:have to. be proVided. He indicated that the seating of the two restaurants would be limited to the sixty.nine (69) spaces. VChmn, Schulke summarized for the record that the site plan is for additional parking, and the conditional.use is for the raw bar/deli. Mr. Hass noted that the first motion should be for the conditional use permit and he recommends that the three conditions under ~t22 of the staff report should be read into the motion. There was some discussion of the safety factor as relates to cars being able to ddve across the new sidewalk to be installed. Mr. Hass noted that this can be addressed at' the time the State begins installing the sidewalk, and has no relation to this site plan. It was established that a Handicap Parking sign.will be installed. Under questioning from Mr, Mahoney about para. sailing, and other events, Mr. Smith responded that no other uses other than what is' there now, are planned. Mr. Smith and Mr. Gilliams noted thatthey didn't know whether:or not they would be having alcoholic PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 beverages at this site. MOTION by Mather/Thomas I make a motion that we approve the conditional use permit for Paradise ~Madna Raw Bar and Deli, at 1109 Indian River Ddve, and with the conditJons,.of'staff's report;, 1. No building shall be located within fifty (50) feet to anylot.lirm~abutting a residential district; 2. 2. No off-street parking or loading area shall be.located within fifteen (15) feet to any property line abutting a residential district;, 3. Screening: All side and rear yards abutting residential'districts: or uses shall be screened in accordance with the standards'established in Section 20A-10.2(F) of this ordinance. All of the above conditions shall have been complied with conceming this property and restaurant. Discussion: The City Engineer's report was discussed, and Mr. Hass noted that he received an oral report recommending approval of the porous parking area. Roil.call: Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. MacWilliam(a) - yes Mr. Mather - yes Mr. Thomas - yes Mr. Pliska - yes VCh. Schulke - yes The vote was 7 - 0. Motion carded. VChmn. Schulke noted that the next action would be a motion on the site plan for Paradise. Madna, 1109 Indian River Drive. MOTION by Mather/Vesia I make a motion that we approve the site plan for Paradise Marina Raw 'Bar and Deli, 1109 Indian River Drive, per the pdnt of Todd M. Smith, project .. 90739 , dated 10/19/98, sheets 1 & 2, with the recommendations of the staff;, 1.~ "apProval of the porous parking spaces to be 12 space parking area to be south of the r~,tain property in a~nce with Section 20A.8.5(E-2); 2. approval of.a Conditional Use Permit for the restaurant within the MCR zoning district in accordance with Section 20A-6.1(C)26; 3. Applicant shall comply with Indian ..River County Health Department comments 1-5 as listed above. Roll call: Mr. MacWilliam(a) - yes Mr. Mahoney(a) - yes Mr. Thomas - yes Mr. Mather - yes VChmn.' Schulke - yes Mr. Pliska - yes Ms. Vesia - yes The vote was 7 - 0. Motion carded. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 (A break was taken from 8:03 to 8:12, with all members previously present returning.) C. Site Plan Review - Schommer Plaza - 1515 & 151.1 U.S. Hwy #1 - Additional Parking/Banking Drlve4hrough - CG Zoning Mr. Alan Schommer, 1460 56th Scl., West, Veto Beach, FL, was present; Mr. Hass noted that the Banking Drive-through .will not be discussed tonight. Then he clarified that the drive-through lanes will be discussed, but not the drive-through building itself. Therefore, a conditional use will not be considered. Randy Mosby and Chds Wilson of Mosby and Associates, Vero Beach, FL, was present representing the applicant, and was sworn inby VChmn. Schulke at 8:14 pm. Mr. Alan Schommer gave his presentation to convert this banking building to medical offices. His plan is to provide better access and-better traffic through the parking lot for eventual medical use. He mentioned elimination of curbs and handicap impediments, improved drainage, and an atrium for elevator access, but would not provide any more office or rentable space, but covedng over an existing floor area, He referred to a similarity between this project and Washington Plaza, which was done. last year. Mr. Hass gave staff presentation, notecl increased parking area as well as an improvement on the internal circulation,on the site, and access provided to the rear of the property. He noted that the applicant is requesting to re-stripe/modify the parking lot to a north-south direction instead of the present east-west plan. He'then noted that the impervious area will be increased approximately 9%, and the on, site retention is provided to handle this increase. Landscaping will meet Riverfront Standards. He referred to page 6 of the staff report and turned this issue over to 'Randy Mosby~ Mr. Randy Mosby, Mosby and Associates of Vero Beach was present and spoke of his conversation with the City Engineer, Martha Campbell, and noted that her only concern was that in the northwest corner of the property, there is a grade change, and a retaining wall is shown to be constructed there. However, he agreed that the length of the retaining wall will be established in the field, and Ms. Campbell agread..to that. He indicated that when the retention pond is. put in, they will work with City staff 'on building the retaining wall. He also noted that Ms. Campbell also commented~ that one of the access points on Truman might be removed. After some discussion, he~ indicated that Truman is a very little used street, and Ms. Campbell and he agreed to leave the two drives on this street. Mr. Hass indicated that with the above explanation, staff would recommend approval of this modification to the site plan, with the three (3) conditions: 1. Architectural drawings shall be submitted for review prior to .receiving approval for the drive-through facility. 6 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 2. Applicant must also apply for approval of a conditional use permit for future drive-through facility. The retaining wall along the northwest section of the property shall obtain the City Engineer's approval prior to site plan sign-off. (for certificate of occupancy) VChmn. Schulke asked if a landscape plan should, be submitted on this project, and Mr. Hass responded that it has been submitted and provided a copy for Commission members to see. He also inquired as to whether or not this site could meet the requirements for installation of a drive-through as a conditional use permit. Mr. Hass respended that it could, it would just have to meet architectural standards. Mr. Thomas noted item 23 on page 6, .and suggested that the word should be changed to "shall" in line 2, paragraph 1. Mr. Hass agreed. It was established that the power lines are underground, and the telephone: lines are on the east side of U.S. #1. VChmn. Schulke. remarked that, in general, it would be nice to see redevelopment sites come in and look like this one, with landscaping, parking, and bringing things up to code in this manner. There was a brief discussion of the drainage of the sand area behind the building. MOTION by Mathe#Thomas Roll call: I make a motion that we approve the site plan for Schommer Sebastian Plaza, U.S. 1, per prints - Mosby's, job number 98403, dated August, 1998, revision zero (0), pages C-1, C-2, C-3, and L1, and including the recommendations of staff. Mr. Mahoney(a) - yes Mr. MacVVilliam(a) - yes Mr. Mather - yes Mr. Thomas - yes Mr. Pliska - yes VChmn. SChulke - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. D. Recommendation to City Council - Site Plan Review - Exxon Gas Station- 727 Fellsmere Road.-..'Addition of Car Wash - Chesse~"s Ga p PUD Mr. Randy Mosby of Mosby and Associates, Veto Beach, FL, was present representing the applicant. It was established that the lot-split pro.c?ss .would be .handled b~.sta~f_. He gave his Presentation .on, ~he addition of a self-containe~ car wash area at tr~ P_xxon Gas Station. He indicated that the drive,through car wash has been designed to meet PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 the City requirements, and the conditions of the PD. He noted that staff recommends approval. He then noted that staff questioned the traffic pattems, of the one-way drive behind the Exxon. The site plan shows it as it is currently striped, with the one.way by- pass lane, (not a drive-through lane), going from southwest to northeast. He indicated that staff recommended reversing the driving arrows to have the arrows going ~rd the southwest. He indicated that the owner of this Exxon station has no problem '.With .that and agreed to change the direction of the arrows, as requested by City staff, Relocation of the dumpster further to the northwest was discussed, as well as relocating four (4) parking spots south of the canopy. Mr. Hess gave staff presentation, and noted the restriping of the rear drive, which will be complied with. He also noted that some parking will be relocated to the south section of 'the property. He then commented that the applicant is going through the process of division of a single lot, which will be completed before this issue goes to City Council for final approval of the site plan. He then noted that this project will require a conditiOnal use permit. He referred to the conditions outlined on page 7 of the staff report, and indicated that all of these conditions have been complied with. In response to questions by VChmn. Schulke and Mr. Mather, Mr. Hess indicated that P & Z Commission can approve the conditional use permit, but the recommendation of support of the site plan is a recommendation to City 'Council. MOTION by Mather/Vesia I make a motion' that we add to the agenda the conditional approval for the car wash at the Exxon Station on 512, pOrtion of Section 13, Township 31 South, Range 38 East, Indian River County, Flodda. A voice vote was taken. 7 - 0 motion carried: Mr. Hess referred to item ~24 in the staff report, and read these conditions by tha. 'Indian River COunty Health Department, for the record: Applicant shall depict on the plan the installation of a pollutant interceptor which is required for treatment of industrial waste prior to disclta~e into: the Indian River County sewer system. 2. A construction permit is required for the pollutant interceptor. At this point, Mr. Hass proceeded to go through the staff report. recommendations as follows: He listed staff In order to provide for more efficient circulation of vehicles on-site and maintain an adequate separation, of drive-through and non drive; .through traffic, staff recommends the applicant re-direct the one-way..~.traffic system behind the convenience store from East bound to'West bound. 8 PLANNING AND ZONING COMMISSION MINUTES Of REGULAR MEETING OF DECEMBER 3, 1998 2. Approval of a Conditional Use Permit for a drive-through facility within the PUD(C) zoning district in accordance with Section 20A,6.1(C)(9). Applicant shall depict :on the plan the installation of a pollutant,'iilterceptor, which is required for treatment of industrial waste pdor to discha~e into the Indian River County sewer system. He noted that number 3 above must be on the plan prior to issuance Of a certificate of occupancy. There was discussion of impervious area in the Chesser's Gap PUD, and Mr. Mosby assured the Commission that they are well below the 80% coverage. Mr. Mosby cladfied that the two major changes to the site plan are the grease:intemeptor and reversing the arrows on the one-way ddve. All agreed. Mr. Hass verified that the drive.through meets all of the conditions of the c~ndifional use permit. MOTION by Mather/Vesia I make a motion that we approve a conditional use permit for the Bayrock Investment Center, Car Wash addition, 512, with the staffs recommendations. Roll call: Mr. Pliska - yes VChmn. Schulke -yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - yes Mr. Mather - yes Mr. MacWilliam(a) - yes The vote was 7 - 0. Motion carded. MOTION by MatherNesia I make a motion that we recommend to City Council the site plan for site plan approval of Bayrock Investment Center Car Wash, by prints of Mosby & Associates, job number 98507, dated November 11, 1998, Rev. 1, with staff's comments. Roll call: Mr. Mahoney (a) - yes Mr. Thomas - yes Mr. Mather - yes VChmn. $chUlke - yes Mr. Pliska - yes Ms. Vesia - yes Mr. MacWilliam (a) - yes The vote was 7 - 0. Motion carded. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 CHAIP~AN I~IATTEI~S; VChmn, Schulke commented on the action taken by' this Commission on,.the conditional use permit for Paradise Madna. He suggested that consideration should be givento the Code to redefine and clarify "change of use". Mr. Hass noted that this particular item was not. a change of use, it was a Commercial use to a Commercial use, and it is consk:iemd a "change of use" when it goes from Commercial to Residential, Residential to Commercial, or Industrial to Commercial. He agreed that better criteria be set for changes within the same use:, to better enable sites to be brought up to date. Mr, Thomas mentioned alcoholic beverages and the swimming pool. He projected that the owner will attempt to bdng the pool up to date and have seating in thatama: He asked about safety issues and parking, and .noted that this was not discussed tonight, Mr. Pliska spoke of being able to upgrade some of the elements along the riverfront, such as walls, etc. VChmn. Schulke summed up all of these suggestions, and asked when P & Z or LPA would be able to visit the Land Development Code again. Mr. Hass agreed that each different site needs to'be improved as much as possible; MEMBERS MATTERS: Mr. Mahoney (a) commented that there are "help wanted" signs posted on poles.outside the first restaurant on the south and of Indian River Ddve, and note;['~.~..tbat, this is prohibited. Ms. Vasia inquired about the extedor of the Coastline Auto and 'l'"~re Center on U.S. 1. Mr. Hass responded that it is not finished, yet, but they will have to comply with the approved plan. VChmn. Schulke adjourned the meeting at 8:58 pm. (12/21/98 AB) 10