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HomeMy WebLinkAbout12171998 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 17, 1998 This meeting is being voice transmitted over Falcon Cable Television Channel 35. VChmn. Schulke called the meeting to order at 7:01 pm. The Pledge of Allegiance was said. PRESENT: Rq~L CALL: EXCUSED ABSENCE: ALSO PRESENT: ANN ,Ou,NCEMENTS:. Mr. Mathis Mr. Mahoney (a) Mr. Mather Mr. Pliska Ms. Vesia Tracy Hass, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Ann Brack, Recording Secretary Mr. MacWilliam (a) Mr. Thomas VChmn; SchUlke Mr. John LaCorte, 1519 Eastlake Lane, Sebastian, was present and was swom,~7:05 pm. with Karen Hail, Jan King, and Mr. Grois, by VChmn, Schulke at Mr. LaCorte proceeded to give a bdef presentation and noted that VChmn. Schulke noted that Carl Fischer has submitted his resignation from this Planning and Zoning Commission. He also noted that Mr. Fischer has served this Board for four or five years. He then welcomed Mr. Scott Mathis to his first meeting as a P & Z Commission member. He noted that Ms. Vesia is excused, and Mr. Mahoney (a) will be voting in her place, and Mr. MacWilliam (a) will be voting for Cad Fischer. APPROVAL OF MINUTES: None NEW BUSINESS: A. Public Healings - Home Occupational LicenseS: 1. 1519 Eastlake Lane - John LaCorte PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 17, 1998 of convenience for paper work, and the physical work will be done in Veto Beach. Jan King gave staff presentation and recommended approval. There were thirty-three (33) notices of headng sent out, and we received no objection or non-objection letters received. VChmn. Schulke opened the public headng at 7:06 pm. Mr. John Dinello, 1543 Eastlake Lane, spoke in favor of granting Mr. LaCorte this license. VChmn. Schulke closed the public hearing at 7:07 pm. MOTION by Mather/MacWilliam I make a motion that we approve John LaCorte Wooden Works, at 1519 Eastlake Lane, for an occupational .license. Roll call: Mr. Mahoney (a) - yes Mr. Thomas - yes Mr. Mather - yes VChmn. Schulke - yes Mr. Pliska - yes Mr. Mathis - yes Mr. MacWilliam (a) - yes The vote was 7 - 0. Motion carded. 2. 270 Delmonte Road- Karen Hall Ms. Karen Hall, 270 Delmonte Road, Sebastian, was present and was already sworn in. She gave a brief presentation on her "special events" tree business. Jan King gave staff report and recommended approval. There were twenty (20) notices of hearing sent out and there were no objection or non- objection letters received. VChmn. Schulke opened the public hearing at 7:11 pm. Mr. John Grois spoke against this occupational license. He lives next door and described conditions as he saw them at this address, and noted a parking problem. It was not established whether or not the problems are occupation related or personal friends and family, Ms. Hall responded to the above allegations. She commented that the bus belonged to her brother and was broken down, and when the police came by, they had no problem with it. She noted that it is gone now. Mr. Grois. noted 2 or 3 boats on trailers parked in the rear access point. Ms. Hall noted that when her husband is finally in Sebastian for good, the trees will be planted and a culvert will be put in. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 17, 1998 VChmn. Schulke dosed the public hearing at 7:15 pm. He asked Ms. King if there were any records of violations at this address, and she responded that there are none active at this time, that she knows of. The issue of boats was discussed and Ms. King noted that two (2) are allowed on city properties. Mr. Thomas inquired about the alleyway at the rear of this property, and it was noted that it is a public right-of-way, like any other paved road with public access. There was discussion on the need for screening around the boats, and staff informed.the Commission that personal watercraft are allowed behind the front setback.line, are 'limited to two (2), and do not need to be screened. Other questions were asked .and Ms, Hall answered satisfactorily. . Mr. Mahoney asked about irrigation of the trees, and the species. Ms. Hall responded satisfactorily. Ms. Hall noted that if her business is successful, they will eventually keep their 'stock elsewhere. MOTION by Mather/MacWilliam I make a motion that we approve Bde's Trees for Karen Hall at 270 Delmonte Road for a conditional use permit. Roll call: Mr. Mather - yes VChmn. Schulke - yes Mr. Pliska - yes Mr. Mathis - yes Mr. MacWilliam (a) - yes Mr. Mahoney (a) - yes Mr. Thomas - yes The vote was 7 - 0. Motion carded. B. Request for Structure in Hght.of-way - 1301 U.S. Highway #1 - Orlando Catalano - Canopy Mr. Hass explained that the P & Z Commission must approve this issue before it is. taken. to City Council for their approval, and both boards must give their approval. Mr. Odando Catalano, 1.301 U.S. Hwy. #1, Sebastian, was present and explained that the canopy is for protection from the sun coming from the Wast. He noted that the canopy will be anchored to the building with no supports to the ground, and he would be willing to close it up each night. He noted that he prefers to .keep it up, but if he has to close it each night, he will do that. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 17, 1998 Mr. Hass gave staff presentation and passed out a picture showing the garage at the rear of Mr. Catalano's structure, and the other one shows the awning that he wishes to install. He noted that the right-of-way actually abuts this building. He described the awning being attached to the building without any posts, and would allow the awning to be folded down in the evenings. He then noted that because of the sidewalk to the rear of this building, the City Engineer prefers the awning to be folded down at night: if it is · approved, otherwise, she has no objection. In reviewing this request, he didn't feel there are any potential problems with this awning obstructing the right-of-way, and recommend the Planning Commission approve this request. Mr. Catalano noted that the awning will only be on City right-of-way dudng the day, then · be folded back on his property Mr. Hass noted that the picture of the awning shows posts, but when it is installed, it will not have the posts. This awning used to be installed on the north side of this building, and he wants to move it the west side. Mr. Catalano commented that he is trying to make the place look nice. There was discussion on Riverfront Codes and visibility triangles. VChmn. Schulke summarized by noting that one condition shall be that there be no structures or planting which materially obstruct traffic and traffic visibility, and staff believes that to be true. Mr. Pliska brought up the subject of wind-load, and Mr. Hass informed him that every awning that is reviewed must meet wind-load requirements before a permit is issued and is automatically part of the process with.the Building Department and inspectOrs. Mr. Pliska recommended this be made a condition of the approval, and Mr. Hass repeated that this is an automatic procedure. VChmn. Schulke clarified that this is part of the typical building permit procedure, and'we (P & Z) are just approving the concept. He then suggested that a Condition be included in the case that if, at any time, the City feels that this is an obstruction or we. need to access that right-of-way, that the City has the authority to remove the awning or ask.the applicant to remove it. In response to a question from Mr. MacWilliam, Mr. Catalano explained that this awning is gray and will blend with the gray building. It was also determined that a condition of approval would include that it be a fold down type awning and that it is not an int-mite approval. Mr. Stringer suggested wording as follows: If at any time the awning needs to be removed, it will be done. at the owners expense. Mr. Catalano noted that the awning only extends out seven (7) feet from the building. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 17, 1.998 Mr. Pliska asked if this property is zoned for selling used cars, Mr. Hass indicated, that it is. Mr. Pliska mentioned the repair of boats on this property, and Mr. Catalano responded that these are his own personal boats and are not for sale. MOTION by Thomas/Pliska (Unintelligible) ... to approve the structure - the request for a structure in right-of- way at 1301 U.S. Highway #1 for Orlando Catalano, contingent upon the following: That in the future, if the City needs to use that property for any reason.; that they have the right to remove this obstruction, at the owners expense:, and number 2, that that awning be folded down at night. Roll call: Mr. Pliska - yes VChmn. Schulke - yes Mr. Thomas - yes Mr. Mahoney (a) - yes Mr. MacWilliam - yes Mr. Mather. - yes Mr. Mathis - yes The vote was 7 - 0. Motion carried. MEMBERS MATTERS: Mr. Pliska inquired about the Coastline Tire & Auto building on U.S. #1. Mr. Hass referred to a memo contained in each member's packet, and noted that the verbatim. report of the P & Z meeting where this site was approved indicates that the'owner indicated a ten (10) foot return on this building of the.same matedal that goes on the front of the building to make it look like a Riverfront project. He summed it. up. by Saying that what is on the building now is what was approved at the AuguSt 6, ,t998 'P& Z meeting. Mr. Pliska suggested readdrassing the code to make.these buildings conform to what we want. After some discussion, Mr, Hass suggested that the Riverfront~.code may need revisiting. There was more discussion on the extedor finish of some buildings in the City, both.in industrial and commercial zoning districts. VChmn. Schulke noted that Indian River County has adopted corridor plans where there are upgraded esthetics to buildings and landscaping for State Road 60, andon CR 512, outside Sebastian City limits. He suggested that Mr. Pliska and other. Commission members could gather some code information from other cities, and would, nothave to rely totally on staff to do this. Mr. Thomas referred to the industrial areas in Vero Beach, and noted how the buildings and landscaping are maintained nicely, Acorn Mini-Storage on CR 512 wasa topic of conversation. Mr. Hass noted that the LPA group went through the codes last year, made revisions and recommendations of what we would like to seein the future. He asked the PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 17, 1998 Commission members to put their ideas for changes in the code in 'writing, give them to his office, and they will be forwarded to the ccmsultant, so that while they are working on this code now, we can implement these changes. He noted that this would prevent going back next year after the new LDC is adopted and changing all the codes. VChmn. Schulke agreed with this request. Mr. Thomas gave his opinion on the LDC, He noted that shoulder-shrugging will not do it. Mr. Mather.suggested that the work done so far by LPA should be approved, then if there are changes needed, go back and do it then. Mr. Mahoney pointed out mini-storage facilities .which have become trade centers, .and asked for vigilance against this use. He then asked the City Attomey what constitutes a change of use. Attomey Stringer responded with the following comments: "If you change the nature of the use, or you increase the intensity of the use; for instance, if you expand area, say- restaurant, its parking is based on seats,. He noted that even if the area was expanded and seats were not ,added, that would still be a change in their use, they are expanding. The fact that it didn't trigger a parking change doesn't determine it. Under our code, it is set up where, when you are looking at modirmations, it only becomes a major modification that comes back to Planning and Zoning if they are increasing, and the main trigger there is parking. A change.of use means a change in type of use; a change from a retaiL to a retail is not a change, but a change from retail to a little cafe, a different type of use, then it would be a change, even if it is decreased, if you change the boundaries or you change the type. Mr. Mahoney described some instances over the years of sites that did not trip the change of use level. Attorney Stdnger suggested that some things need reviewed as to how they are defined. Mr. Pliska mentioned the change at Skydive at the airport from a small restaurant to a bar, which they are advertising in the newspaper. Mr. Hass advised checking with the Building Official, since Skydive Sebastian has .been talking with him about the possibility of increasing the interior of their restaurant. Mr. Pliska asked for some answers on this issue. Mr. Hass also noted that the Health Department 'had been to this site because the Skydive officials were seeking to increase from a sandwich shop to a full-service restaurant. He indicated that at that time, it seemed to be cost prohibitive. He also noted that when Code Enforcement was out there last week, only sandwiches were PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 17, 1998 being served, and they did not have a full service kitchen. Atty. Stringer noted that the State keeps track of establishments with liquor license, and they do audits and if the percentage is not reached, they will close the business down. He noted that the City's concern is the enforcement problem is if there is a full-scale bar license, and they are trying to pass zoning as a restaurant, which does not require a financial audit and look at the records. Mr. Mahoney mentioned the copy of Mayor Sullivan's letter to Thomas Frame, City Manager. He noted that this Commission doesn't normally receive such correspondence, and he was wondering what the significance was. Mr. Hass indicated that Captain Hiram's has an application that will come before this Commission in January, and the Mayor had some concerns. VChmn. Schulke suggested holding conversation on this issue till the site plan comes before the Commission. DIRECTOR MA~TTER,~.; Mr. Hess commented that the staff also wants better codes because they have .to deal with these codes on a day-to-day basis, and it is ~emendously frustrating to wOrk with what have dght now. He indicated that every day, staff tries to make notes and comments, so these codes can be improved. This Commission along with City council has made many recommendations, and it becomes a work-in-progress, and will continually change. He noted that the LDC should go to City Council in April or May, 1999. He then called attention to landscape improvements at Dunkin Donuts and University Auto, on U.S. #1. He noted that letters.of noncompliance have been going out in the City to different business. Discount Auto will get a letter this week, and WinnD~e and Harbor Federal have come into compliance. He then wished everyone a Merry Christmas and a 'Happy New Year. VChmn. Schulke also wished everyone a Happy Holiday. He adjourned the meeting at 8:14 pm. (12/23/98 AB)