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HomeMy WebLinkAbout12181997 PZ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561)589-5570 THURSDAY, DECEMBER 18, 19.97 LOCAL PLANNING AGENCY 5:00 P.M. 2. 3. 4. 5. C~'.¥. 'IX) ORDER. PLEDGE OF ~r.T.~.GIANCE ROLL CALL. OLD BUSINESS: NEW BUSINESS :.- Land DeVelopment Code:Revisions - Continuation of Draft Review - Amended Articles 6. CHAI~ MATTERS: 7. MF/~ERS '~MATTERS: 8. DIRECTOR MATTERS: 9. ATTORNEY MATTERS: 10 o ADJO~Fa4~T o ANY PERSON WHO DECIDES TO Jt~PEAL ANY DECISICt~ MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF T~E PROCEEDINGS AND' MAY NEED TO ENSURE THAT A VERBATIM RECORD OF'.'.THE PROCEEDINGS IS=MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPC~ WHICH 'A~PKAL IS TO BE HEARD. SAID APPEAL MOST BE FILED WITH THE CITY CLERK'S 'OFFICE WITHIN TEN DAYS OF THE Date OF ACTIOn. (286.010'5 F.S) IN C(~4PLIANCE WITH THE AMEI~IC~NS WITH DISABILITIES ACT (ADA), ANYOt~E WHO NEEDS SPECIAL ACCCt~4ODATiC~S 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 OFFIC~ MAY BE IN ATTENDANCE. City of Sebastian 1225 MAIN STREET 0 SEBASTIAN~ FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF LPA MEETING E. ANN BRA~ RECORDING SECRETARY /YORRI BOSWOR~-i, SECRETARY CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 18, 1997 Chron. Fischer called the meeting to order at 7:05 pm. The Pledge of Allegiance was said, ROLL CALL; PRESENT: EXCUSED ABSENCE: ALSO PRESENT: Ms. Kilkeily(a) Mr. Driver(a) Mr. Pliska Chron. Fischer Ms. Vesia Mr. Munsart, Mr. Mather, Mr. Thomas and Mr. S/taflke Robert Massarelli, Community Development Director San King, Zonin.q~ Technician Ann Brack, Recording Secr~wy ANNOUNCEMENTS: Mr. Pliska announced that he had visited all sites. Chnm. Fischer announced that the Home Occupational License application for John Gehfig at 697 Nobles Street, is defernxi until the applicant gets back to us. ,,A I'aOi AL OF MINVTt ; (Reg. meeting of 11/20/97 and 12/4/97, and LPA meeting of 12/4/97. MOTION by Kilkelly/Vesia I move that we approve the minutes ofthe regular meeting of November 20th, 1997. A voice vote was taken. 5 - 0 motion carried. MOTION by Vesia/Driver I make a motion that we approve the minutes of the regular meeting of tho.,Planning and Zoning Commission for December 4th, 1997. A voice vote was taken. $ - 0 motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 MOTION by Kilkelly/Pliska I move that we approve the mmtm~ of the Local Planning Agency for the ~ of December 4, 1997. A voice vote was taken. 5 - 0 motion carried. NEW BUSINESS: A. ACCESSORY STRUCTURES - Section' 110A-5.7.D: 1. 686 Caravan Terrace - Minos E. Givens Ms. Nonna Givens, 686 Caravan Terrace, was present. Ms. ~ save staff prcsemaxion. Que~ons from several Comndssion members were answered by Ms. Givens. She ncied that ax various times, there may be a hoax, car, or RV in this structure. MOTION by Pliska/Driver I make a motion that we approve the accessory buildin~ for Minos E. Givens on 686 Caravan Terrace. A voice vote was taken. 5 - 0 motion carried. 11. 331l Valencia Street - Robert & Jean Case Robert and Jean Case of 332 Valencia Street were presem. Ms. ~ save ~aff presemaxien and noted ~ this is actually two (2) applications..- one is for a 12' x 24' shed, and the other is an addition to this shed for a carport, 14' x 22'. She indicated that both structures need to re reviewed. She also noUd that a unity of title has been submitted. MOTION by Vesia/Driver I make a motion thax we approve the accessory structure review, the carport, for Mr. and Mrs. Case at 332 Valencia Street in Sebastian. A voice vote was taken. 5 - 0 motion carried, MOTION by Vesia/Driver Approve the accessory sm~Ivrc review for a shed for Mr. & Mrs. Case ax 331 Valencia Street, Sebastian. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 A voice vote was taken. 5 - 0 motion tamed. B. PUBLIC HEARING - Model Home Permit - 1695 Barber Street. John Lloyd Builders, Inc. George Boy& 730 Kroegel Avenue, Sebastian, was present representing the applicant. Ms. KinE gave staff presentation and recommended approval, There w~re twenVy-one (21) notices of hearing sent out and there were no objection or non- objection letters received. Chnm. Fischer opened and closed the public hearing at 7:17 pm, as there was no public input. Mr. Boyd noted that their previous model home has been sold, and also verified thnt-their sales office is at 9432 U. S. I at the Pelican Shops. MOTION by Driver/Pliska VII move to approve the conditional use permit application for John Lloyd Build6ws at 1695 Barber Street, Sebastian. A voice vote was taken. 5 - 0 motion carried. C. PUBLIC HEARING - Modal Home Permit Renewals - 496 & 498' Tulip Drive - MGB Construction, Inc. There was no one present to represent the applicant Ms. King gave staff presentation and recommended approval for a one (1) year period. There were fourteen (14) notices of hearing sent out, and there were no objection or non-objection letters received. Chnm. Fischer opened and closed the public hearing at 7'.20 pm, as there was no public input. MOTION by Pliska/Vesia I make a motion that we approve MGB Construction, Incorporated for the'oonditional use permit for two (2) models at 496 and 498 Tulip.Drive, Lots 1 and 2, Cherry Hill Park Subdivision. A voice vote was taken. 5 - 0 motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF'DECEMBER 18, 1997 D. PUBLIC HEARINGS - Home Occupational Licenses: 1. 349 Benedictine Terrace - Joseph Cuce Mr. Joseph Cuce of'349 Boaedictine Terrac~ was present. There were thirty-two (32) notices of hearing sent out and there was one (I) objection letter.a~ no non-objection letters received. The Secretary gave a copy of the objection letter to the. applicant. Mr. Cuce indicated that he will not be manufacturing anything at his home, and his. business is striotly mail order. Ms. King gave st~ffpresentation and recommended approval. Chnm. Fischer opened and closed the public hearing at 7:24 pm, and there was'no public input There w~re several issues discussed such as deliv0ries, taxes and ATF hcense (tobacco license) Mr. Massarelli not~ that Mr. Cuce's present hcense ~pires January 15, 1998, and he reCOmmeoded that this conditional use permit he approved with the condition that'this license be renewed, and in the future, this license must be ~. If the hcense lapses, then'the conditional use also lapses. He noted that it is important to tie the two toge~r. MOTION by Kilkelly/Drivcr I move that we approve the conditional use permit for the Home Occupation for Joseph Cucc, Smok-Um Joe's at 349 Beaodict~ Terrace, contingmt upon tim tnain!enance of the State License, that if the License expir~, 'the Home Occupation License shah alSO be A voice vote was taken. 5 - 0 motion carried. 2. (697 Nobles Street was deferred to a later date) 3. 806 Davis Street - Mike Ovens & George Borgman Mr. George Borgn~n, 806 Davis Street, was present. There were eight (8) notices ofheadng sent out and there were no objection or non-objectiou letters received. Mr. Borgman explained fig activities to be performed by Sea Tow Services. Ms. King gave staff presentation and reeonanea&d approval, mentioning a personal boat trailer that will be stored behind the house. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 Chnm. Fischer opened and closed the public hearing at 7:32 pm, and there was no public input. In response to a question from Mr. Pliska, Mr. Borgman replied that he will not be doing any repair work. MOTION by Vesia/Drivor I make a motion that we approve the conditional use permit for Mike' Ovea~, doing business as Sea Tow Services at 806 Davis Street, Sebastian. A voice vote was taken. 5 - 0 motion carded. E. PUBLIC HEARING . CONDITIONAL USE PERMIT - Sebluaian Gourmet Deli - 1400 U.S.Hwy #1 - Restaurant Seating Mr. T. Leiva, 1400 U.S. Hwy #1, was pre~ reprzsznting the applicant. There were twenty-two (22) notices of hearing sent out, and there were no objection or non- objection letters received. Mr. Leiva gave a brief presentation. Mr. Massarelli gave staff presentation and noted that, o~y, this site was approved for a Deli. He continued that over time, the owner added tables and chairs and is now advertised as a restaurant. Code Enforcement action required tl~ violation to bo corrected, and the applicant applied for minor site plan modification. He noted that a conditioual use lxnmit is. also required. He also noted that the site plan modification has been al~roved; the parking is adequate for the 'seats, and the septic system has been approved by the. Health Deparunem for fourte~ (14) seats. As the application satisfies the code, staff ~ approval. He also noted that this use is compatible with proposed Riverfront reconmmxlafions. Chron. Fischer opened the public hearing at' 7:43 pm. Ms. Cindy Dierkes, 1401 Indian River Drive, r~~ the Taste of Philly restauram, was present and spoke about the odor from.the septic systl!m at the 1400 U.S. #1 location. She comrnen~ that she has no objection to the addition of seating, but is concerned about the septic system. Mr. Massarelli noted that he has talked with Mr. Schussler at the Health Depar~ent and it has been approved for the fourtmn (14) seats, and advised Ms. Dierkes that if the problem .continues, she should keep calling the Health Department. He then noted that as far as parking is concerned, five (5) spaces are needed and there are seven (7) spaces available. MOTION by Pliska/Driver I make a motion that we grant the conditional use permit for the Sebastian ,Gourmet Deli PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 restaurant, location 1400 U.S. 1, Indian River County, Ted Leiva, and inolude th~ findings in the staff report. Roll call: Mr. Driver - yes Ms. Kilkclly - yes Chnm. Fischer - yes Mr, Pliska o yes Ms. Vesia - yes The vote was 5 - 0. Motion earned. (A break was taken at 7:50 pm, and all Commission members resumed the meeting at 7:56 pm.) F. MINOR SITE PLAN REVIEW - Boat Dock - An~ler's Obsession l~shing Party Boat - 1647 Indian River 'Drive Mr. Robert Taylor, 11140 U.S. Hwy. # 1,' and Bob Skidmore of Stuart, FL, owaef of tho prol~, were both present. Ms. Pamela J. Lowt~r, court reporter with R~ortm8 Associates, Inc., was present for Mr. Taylor and Mr. Slddmorc. Mr. Taylor gave a brief pros~mation. Mr. Massarclli gave.staff presentation. Mr. Driver interrupted and noted that he did not have a site plan; and Ms. Kilkolly noted that she didn't either. Mr. Massarclli helped the Commission m~mbers find thc site plan in their packets. There was discussion on. what constitutes an acceptable site plan. Mr. Massarelli read fromthe Land Development Code on what should be on a site plan and noted that this P & Z Commission needs to determine if Mr. Taylor's site plan is adequate to identify all required issues. Chnm. Fischer noted that there arc no dimensions on thc parking stalls, no turning radiusgs noted, and planting area square footage is unclear. Mr. Taylor explained that bexamse of the waxatorium, he had no time to get a total site plan submitted including the pro~rty on the we,t sid~ of Indian River Drive, therefore, l~.is s~king approval for a temporary parking area on th, east side for th, party boat, till thc ~um.is lifted. He indicated that he wasn't going to got involved with engineers and arohiUms oa this site till the City.decides what they will require in thc Riverl¥ont area. Cmn. Fischer suggested going over tbe site plan and getting clarifications from Mr. TaylOr on qu~ionable issues. Mr. Pliska commented that the S!~ plan was completely inadeq~ because it doesn~t..!tddross all the issues properly, and it doesnt show all the hyouts properly. He indicated that iha~:should bc done before this Commission docs anything. PLANNING AND ZONING COMMISSION MINLrFES OF REGULAR MEETING OF DECEMBER 18, 1997 Mr, Massarelli asked the Commission members to articulate what is improper or what needs to be changed. He asked for guidance for staff and the applicant. The landscaping and parking was discussed, as well as hours of operation. It was suggested that operation hours be established as "sunrise to sunset". MOTiON by Kilkelly/Driver I move that we approve the site plan for the Skidmore boat dock at 1647 Indian River Drive with the inclusions of the staffs report plus the staff' s modiflcati~ of recommendations, and staff's comments - item 14 that the hours of operation shall be from sum'ise to sunset instead of 8 am to 5 pm. Ms. Kilkelly(a) - yes Mr. Driver(a) - no Mr. Pliska - no Chmn. Fischer - yes Ms. Vesia - no The vote was 2 ,to 3. The motion failed. Mr. Massarelli recommended that this Commission take affirmative action on this denial, making a motion to deny.showing where it is inconsistent withthe Comprehensive Plan. Mr. Skidmore made issue with a comment made by Mr. Pliska about prop dredging. Mr. Massarelli sugge~xi: sending the site plan back. to staff and,~et it cleaned up. He urged'the Commission to articulate what they want clarified ,on the site plan. Mr. Skidmore comm~ that he could accept an approval with conditions to dean up the site plan, but he couldn't agree with a straight denial. Mr. Massarelli suggested that this issue be postponed, and Mr. Taylor immediately noted that he would go to court over this denial. Mr. Taylor also stressed his time element. Mr. Massarelli asked the applicant if he had any pending action in front of DEP concerning this project or associated with this project. Mr. Taylor responded 'Yto". Mr. Robert Skidmore commented that he applied for the DEP permit and construction should start on the dock in about another month. He noted that the permit was issued in February, 1997, and it took him three years and $65,000 to obtain it. Mr. Massarelli then asked Mr. Skidmore if he had any pending action with DEP for modifying this permit or associated with this property. Mx. Skidmore respondod '~o". Mr. Skidmore asked that the issue be approved with comiitions, and let staff review it. The Commission members were not in favor of this. He also indicated that the City's requirements for this site plan for a temporary parking lot were ridiculous. PLANNING AND ZONING COMMiSSiON MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 Ms, Vesia mentioned a possible lighting problem if it was planned for the boat to be out afeer dark, Chnm. Fischer noted that if the site plan drawia~ is cleaned up, he would call a special, meeting to review it. The Commission members tried to convey, the issues that should be made clear on this drawing. Issues such as parking spaces, radiuses, and other measurommts were recommended. Mr.~ Massarelli reminded the Commission of the noticing requirements, and would have'to check wig. the City Attorney au calling a special meeting. He felt thatif this issue is put ~to another meeting, it will have to be re-noticed which is a 15 day noticing requirement. He also informed the applicant that the Code reqmres that a building permit is issued ten days after the site plan is approved. Mr. Taylor accused the Commission and stair of holding him to a standard that is ridiculous Mr. Massarelli, for the record, noted that Mr. Taylor was not being treated any differently than anyone else. In fact, he noted that there is another ~ lot ou the agenda umil~a~d the applicant is the City. He noted that the City.must submit site plans also. MOTION by Driver/Pliska I make a motion to postpone this particular .issue until we get the drawil~ that cleans up the situation as far as the dimensions.and location of landscaping, and things like this, curb cuts, and then call a special meeting, if allowedby the City. Attorney, to approve this matter as soon a~ possible. Discussion: Ms. Kilkelly referred to her previous motion and noted omitting two changes. She' wants to,make sure that it is heard now; changing 18 months to 12 months after lifting of the development moratorium, and the boat dock is limited.to boats.that shall not exceed the parking available. Mr. Driver agreed. Roll call: Ms. Vesia - yes Mr. Driver - yes Chnm. Fischer - yes Mr. Pliska - yes Ms. Kilkelly - yes The vote was 5 - O. Motion carried. (At this point, a break'was taken at 9',30 and all members reOamed at 9:39 to resmlae the meeting.) G. Recommendation to City Cmmcil -PUD Preliminary Plan & Site phm~ - Harbor Federal Bsnk - Sebastian Lakes PUl) Neither the applicant nor a representative were present. The Commission members.disCUSsed several issues ofthis site plan review. Itwas noted that an ATM was not noted on this plan. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 Mr. Massarelli noted a change in landscaping materials from live oaks to crepe myrtles aad Savannah hollies. He then proceeded with staffpresemation and recommended approval with conditions in the staff report. MOTION by Vesia/Driver I make a motion that we recommend approval for the preliminary devel~ plan for Harbor Federal Bank to City Council, tract 2 of Sebastian Lakes Shopph!g.Center, Fellsmere and Laconia and include the four staff r~commendations. Ms. Kilkelly(a) - yes Chron. Fischer - yes Mr. Pliska - yes Ms. Vesia - yes Mr, Driver(a) - yes The vote was :5 - 0. Motion carried. MOTION by Vesia/Driver I make a recommendation to City Council they approve the site plan for Harbor Federal Bank, 993 Fellsmere Road, Sebastian, taking in the four staff r~commend~i~, Roll call: Mr. Pliska - yes Chron. Fischer - yes Ms. Vesia - yes Ms. Kilkelly(a) - yes Mr, Driver(a) - yes The vote was 5 - 0. Motion carried. H. Site Plan Review - Angler's Inn, Phase I (Stevenson House) - 80S Indian River Drive - Joseph Graham Mr. los~h Graham, 805 Indian River Drive, was present and gave a short presentation. He noted that Phasc I is completed and indicated that Phase II will come after the moratorium.is over. He then projected some possibilc plans for future dm, elopment. Mr. Ma~sa~elli not~ that the old site plan has :~t~imt and that is the reas~ for ~ ~ new site plan which has future phases. He proceeded to give staff presentation with' ~, and recomm~ approval. There was discussion on Mr. Graham's fumm plans for this site including handicap facilities. MOTION by DriverNesia I make a motion thai we approve the Angler Inn at 805 Indian River Drive, th~ sit~ plan approval apPlication.including staff report and recommendations made in the report, and a here by th~ handicap parking, and'the existh~ driveway would be designated as a private driveway till it is completed. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 18, 1997 Roll call: Mr. Pliska - yes Chron. Fischer - yes Ms. Vesia - yes Ms. Kilkelly - yes Mr. Driver - yes Thc vote was 5 - 0. Motion camcd. I. Site Plan Review - CAV-Corp. Property - Indian River Drive - City of Seb~tian Mr. Massarelli gave staff presentation, described several issues for this site, and recommended approval with the conditions in thc staff report. He noted that there will be street lighting along Fellsmere Road at this site. MOTION by Driver/Vesia I make a motion to approve the site plan application for the CAV-Corp, p~ for the City of Sebastian, with thc reco~tions from the staff report. A voice vote was taken~. 5 - 0 motion earned. CHAIRMAN MATTERS: Nono ~MEMBERS MATTERS: Mr. Pliska noted that re. rioting colors for homeowners is very difficult. Ms. Kilkeily commentexi on the Catalano property at U.S. 1 and Main Street, and the number of cars. Mr. Massarelli noted that he is looking into this site. Ms. Vesia inqmred about a section of Indian Rivex Drive at Washington PI~-~ that remains utrfinis~. Mr. Massarelli responded that approval for a lift station was long in coming, and it should be completed soon. Mr. Driver noted that he will be unable to attend the January 8, 1998 meeting. DIRECTOR MATTERS: Mr, Massarolli noted that the two issues scheduled for tonight's discussion will be brought, back at a later meeting. He wished everyone a Merry Chrismms! Clmm. Fischer adjourned the LPA meeting at 10:47 pm. He also adjourned th~ rqpdar P & Z ~ at 10:47 pm. (l/2o~s AB) 10 2. 3. 4. 5. 10. 11. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA TH%IR~DAY, DEC~BER 18, 1997 PLANNING AND ZONING C SSION 7:00 P.M. CALL TO ORDER. PLEDGE OF ALLEG~CE. ROLL CAT3.. ANNOUNCEMENTS. APPROVAL OF MINUTES: NEW BUSINESS: A. Regula= Meetings of 11/20/97 and 12/4/97, and LPA Meeting of 12/4"/97. Accessory Structures - SeCtion 20A-5.7.D: 1. 686 Caravan Terrace - Minos E. Givens 2. 332 Valencia Street - Robert & Jean Case B. Public Hearing - Model Hoale Permit - i695 Barber Street - John Lloyd Builders, Inc. C. Public Hearing - Model Home Permit Renewals.- 496& 498 Tulip D=ive .- MGB Construction, Inc. D. Public'Hearlngs- H~ ~: 1. 349 Benedictine Tel 2. 697 Nobles Street -John Gehrig 3. 806 Davis Street - Mike Ovens & George Borgman E. 'Public Hearing - Conditional Use Permit - Sebastian Gourmet Deli - 1400 U..S.Hwy #1 -'Restaurant Seating F. Minor Site Plan Review - Boat Dock - Angler's Obsession Fishing Party Boat - 1647 indian River Drive G. Recommendation to City Co.uncil - PUD Prelim!~.-nary Plan & Site plan Review - Harbor Federal Bank - Seb.~'Lakes-'?UD H. Site Plan Review.- Angler's Inn., Phase I (Stevenson House) - 805 Indian River Drive - Joseph Graham I. Site Plan Review - CAV-Corp. Property - Indian River Drive - City of Sebastian CHAIRMAN MATTERS: MEMBERS MATTERS: DIRECTOR MATTERS: - School bus parking on church property - Clearing of City waterways ATTO~NEYMATTERS: ADJOURNMENT. CiW of Sebas~an 1225 MAIN STREET [] SEBAStiAN, FL, ORIDA 32958 TELEPHONE (561)589'~'$537 [] FAX (561) 589-2566 CITY OF SEiIA~TIAN PLANNING AND ZONING COMMISSION MINUTES OF :~'TE,, MEETING MINUTES OF MEETING HELD APPROVED AT MEETING HELD., E. ANN BP. ACK, RECORDING SECRETARY