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HomeMy WebLinkAbout03062003 CITY OF SEBASTIAN ~~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 6, 2003 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. .ROLL CALL: PRESENT: EXCUSED: ALSO PRESENT: Chmn. Smith Mr. Mahoney Mr. Faille VC Barrett Mr. AIIocco (a) Mr. Blessing (a) Mr. Barrett Mr. Svatik Mr. Carroll Tracy Hass, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Susan Lorusso, Secretary ANNOUNCEMENTS: Chmn Smith said Mr. Barrett and Mr. Svatik are excused and Mr. Blessing will be voting. APPROVAL OF MINUTES: 2/20/03 MOTION by Monier/Blessing "1'11 make a motion we accept the minutes of 2/20/03." A voice vote was taken. 6-0 minutes approved. OLD BUSINESS: A. Quasi-Judicial Public Hearing - Site Plan Review - Minor Modification - Seawinds Real Estate Company - 735 Fleming Street Funeral Home Crematorium NEW BUSINESS: B. Quasi-Judicial Public Hearing - Conditional Use Permit - Seawinds Real Estate Company - 735 Fleming Street Funeral Home Crematorium PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 2003 Chmn Smith opened the public hearing at 7:02 p.m., announced both agenda items will be heard in a combined public hearing, and swore in the applicant, staff, and members of the public who were planning to speak. . Chmn Smith requested disclosure of ex-parte communication and Mr. AIIocco noted he had been in contact with the Florida Department of Environmental Protection as well as observing Lowther's Crematorium in Vero Beach. James W. Young of 1452 42"d Circle, Veto Beach, FL and Randy Mosby of Mosby & Associates were present. Mr. Young opened with detailing the new location of the accessory building and Mr. Mosby added that additional buffering and landscaping were also supplied with this submission. Henry Fischer, 520 Blue Island Street, Sebastian, expressed his concern about a crematorium in this area close to a supermarket, school and residential area. Mr. Hass presented his review and said the application does meet all zoning codes. Through the conditional use criteria there are a couple of conditions outlined in the code that were satisfied during the initial construction of the funeral home. With the relocation and additional landscaping the applicant has addressed the concerns raised by the board at the last meeting on this application. Mr. AIIocco opened discussion by reading the definition of funeral home from the Land Development Code. He then brought up the issue of intent to issue a permit by the State of Florida and his interpretation of intent to issue a permit. In his interpretation he insinuated that staff misrepresented the meaning of intent to issue a permit and asked for Mr. Stringer's comments. Mr. Stringer explained that in a quasi-judicial hearing the board largely serves in the function of a judge in the way the evidence comes in front of you. If the board should feel that someone has not been forthcoming in their testimony it gives you a basis to have doubt and would entitle you to accept or reject anything else offered by that person. Mr. AIIocco thanked Mr. Stringer and continued with information he obtained from Mr. Jeff Ruskin of DEP. Mr. Allocco used a visual aid of a bag filled with ash to represent 1.2 pounds of particulate matter allowed to escape into the air, according to Mr. Ruskin. Mr. Faille asked if there were an air washer involved with the equipment. Mr. Young said it was a dry filtration system. Mr. Mahoney asked for further explanation on the state permits as there was a legal notice in the local newspaper regarding the "intent to issue" permit. Mr. Hass explained that the state does its own reviews and approvals. The intent to issue notice is posted when the state is ready to release a permit. Mr. Hass apologized if there was any misunderstanding at the last meeting regarding the issuance of the state permit. There was further discussion between Messrs. Hass and Allocco regarding the state's permitting process. Mr. Hass concluded that the state reviews applications on their terms and conditions and does not take into account what happens at the city level. Dr. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 2003 Fischer added that the state does not contact abutting property owners and the newspaper notice is all they have to go on. Mr. Mahoney wanted to know where the dumpster would be moved to as the relocation of the crematorium is where the dumpster was located. Mr. Hass said they do not need a dumpster and have regular trash pick up days. Mr. Blessing return to the issue of screening and suggested a Type A opaque buffer of 40 feet in length from both sides and then for the next 15 feet a Type B screen on both sides. He discussed with Mr. Young the possibility of moving the garage door to the south side of the building and equipping it with a screen to assist with building ventilation and Mr. Young agreed it could be done. Mr. Young said his equipment is by Crawford and Mr. Blessing said that was the type used at Lowther Crematorium in Vero Beach. He added that during a visit to that facility, there was no smell, smoke, or particles in the air while a cremation was taking place. Mr. Blessing felt that the population growth of city warrants approval of this application. Mr. Mosby added to the discussion that by moving the building it would free up two parking spaces, which could be used for additional buffer area. He also mentioned that his personal office is next to Lowther's Crematorium and said, "If I didn't know it was there, I wouldn't know it was there." Ms. Monier voiced her support of the application and said that it appeared all the paperwork is now in order and the project could move forward. She asked who owned property first and Mr. Young said he bought the funeral home property from Dr. Fischer. Mr. Young added that restricting the hours of operation would result in families having to wait a longer period for the cremation to take place. Mr. AIIocco asked about signage and Mr. Young said it would probably read Seawinds Funeral Home and Crematory. Mr. AIIocco questioned Mr. Young about the removal of dental fillings and teeth prior to cremation to protect the air from hazardous materials. Mr. Young refused to answer the question but Dr. Fischer said when it is burned mercury vapors are released. Messrs. Mahoney and Smith confirmed that when it does enter the air it becomes methyl mercury. Mr. Stringer reviewed the Land Development Code, Code of Ordinance and Comprehensive Plan as they relate to public health safety and welfare. He said that the conditional use permit be voted on first before the site plan. MOTION by AIIocco/Faille "I'd like to make a motion we disapprove the application of the conditional use based on items one and two as read by Attorney Stringer mainly doing with the health and safety and adverse activity upon the neighborhood." Roll Call: Mr. Faille yes Mr. AIIocco yes Chmn Smith no Mr. Mahoney no Mr. Blessing no Ms. Monier no The vote was 2-4. Motion defeated. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 2003 MOTION by Monier/Blessing "1'11 make a motion we approve the conditional use for Seawinds" Roll Calk Mr. Faille yes Ms. Monier yes Mr. Mahoney yes Mr. AIIocco no Mr. Blessing yes Chmn Smith yes The vote was 5-'1. Motion passes. Mr. Blessing, seconded by Mr. Mahoney, made a motion to approve the site plan with conditions. After discussion it was found that the public hearing had not been closed. Mr. Stringer advised the commission to close the hearing and have the motion restated. Chmn Smith closed the public hearing at 8:10 p.m. MOTION made by Blessing/Monier "1 move to approve the application from Seawinds Real Estate Company to add a 480 square foot crematory to their property at 735 Fleming Street, Sebastian subject to the following conditions: (1) that a Type A opaque landscape screen as described in the Land Development Code under Section 54-3-14.16 be extended to 40 feet on the east side of the crematory building and 40 feet on the north side of the crematory building. That a Type B landscape screen be added so as to extend the landscape screen an additional 15 feet on both the east and north sides of the property thus the overall screens on the east and north sides will be 55 feet. (2) That the garage door shall face south and have a sliding screen. (3) That the powered exhaust fan shall vent to the north." Roll Call: Mr. Faille yes Mr. Mahoney yes Ms. Monier yes Mr. Blessing yes Chmn Smith yes Mr. AIIocco no The vote was 5-1. Motion passes. CHAIRMAN MATTERS: Chmn Smith noted that the Press Journal had advertised the meeting time for this meeting incorrectly. Ms. Lorusso advised him that the city clerk's office was notified and they in turn notified the Press Journal. A correction was published prior to this meeting. MEMBER MATTERS: Mr. Blessing inquired on the state of the parapet wall at Sebastian Retail. Mr. Hass reported that they have been in contact with the Building Official and construction is ready to start. DIRECTOR MATTERS: None 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 2003 A'I-FORNEY MATTERS: Code enforcement would like to change the time frame for a property owner to get the proper building numbers on their houses. Right now they have 30 days once our officer gives them notice and the code enforcement officers figure that 7 days is plenty of time. What we will do is delete it from the Land Development Code and move it over as amended into the regular Code of Ordinances. Mr. Mahoney asked about the progress of the sidewalks and paving on Jackson Street and Mr, Hass said it was moving along according to plan there'll be striping and landscaping and the traffic controls and it will turn out quite nice. Mr. Faille wondered if the public address system was functioning properly as he has had difficultly hearing. Ms. Lorusso will check with the city clerk's office to obtain earphones for Mr. Faille. Chmn. Smith adjourned the meeting at 8:26 p.m. 31/11/03 SBL)