Loading...
HomeMy WebLinkAbout02062003 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 6, 2003 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Smith Mr. Mahoney Mr. Faille EXCUSED: Ms. Monier Mr. Svatik VC Barrett Mr. AIIocco (a) Mr. Blessing (a) ALSO PRESENT: Tracy Hass, Growth Management Director Rich Stringer, City Attorney Susan Lorusso, Secretary ANNOUNCEMENTS: Chmn Smith said Ms. Monier and Mr. Svatik are excused and Mr. AIIocco and Mr. Blessing will be voting in their places. The City Council will address the seat vacated by Mr. Rauth at their next regular meeting. APPROVAL OF MINUTES: 1/23/03 MOTION by Barrett/Blessing "i'll make a motion we accept the minutes of 1/23/03." A voice vote was taken. 6-0 minutes approved. OLD BUSINESS: NEW BUSINESS: A. NONE Quasi-Judicial Public Hearing - Site Plan Review - Minor Modification - Seawinds Real Estate Company - 735 Fleming Street - Funeral Home Crematorium PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 6, 2003 Chmn Smith opened the public hearing at 7:10 p.m. James W. Young of 1452 42nd Circle, Vero Beach, FL was present and sworn in by Chmn Smith. Mr. Hass was also sworn in. Mr. Young gave details on the proposed accessory structure at Seawinds Funeral Home. It is to be a 480 Sq. Ft. steel frame, bdck constructed accessory structure to be used as a crematorium. He has obtained an air emission permit from the state and offered to answer any questions from the board. Chmn. Smith asked how odor and smoke emission is to be filtered. Mr. Young explained the State of Florida air emissions permitting process requires a filter on the crematory before the smoke enters the air so it is a clear odorless smoke. Mr. AIIocco requested time of operation and Mr. Young replied 8:00 a.m. to 5:00 or 6:00 p.m. with the process taking about one and one-half hours. Mr. Young added that his business is small, serving approximately 120 families this past year and the cremation rate is about 75% to 80%. Seawinds also owns Davis Funeral Home in Melbourne and have under construction a new funeral home in Vero Beach on 27th Avenue. Mr. AIIocco was interested in zone districts for this use and air monitoring. Mr. Hass said this is accessory to the funeral home, which is allowed in the Commercial Zone and Mr. Young added that most crematories are put in commercial zones with funeral homes and not located in industrial parks. The state health department monitors emissions and checks the machinery periodically. Mr. AIIocco was also concerned about the location of the crematory on the property and asked if there were any objections from neighbors. Mr. Hass said he had received two objections and added that staff initially had real concerns with smoke, smell and transporting of bodies to the facility until Mr. Young answered all their questions and offered an understanding of the operation. Mr. Barrett asked about clientele and Mr. Young said only families using one of their three funeral homes would have access to the crematorium at this time. Mr. Stringer explained accessory use to an approved use and this is a site plan review; the use is not at issue here. If fifty percent or more of their business was coming from off-site, then that would be an independent crematorium and they would have to come in for conditional use approval. As long as it is being approved as an accessory use it will have to be a minor part of their business. Mr. Barrett also asked if the removal of the three parking spaces would affect the previously approved site plan and Mr. Hass said it would not. Mr. Blessing opened discussion regarding the setback of the building from the property line, the purpose of the ventilation fan on the east side of the building and the possibility of increasing the landscape screening. Mr. Young replied to the first two issues; the setback is ten feet, which is required by code, and the fan is a ventilation fan for the work environment of the employees and would not emit any odor. Mr. Hass addressed the landscaping concern and suggested the Type A opaque buffer, which is 90 percent opaque. Mr. Mahoney wanted to know the height of the building and Mr. Young said it would match the height of the existing building. Mr. Blessing also asked about cleaning and servicing of the crematory and Mr. Young said the manufacturer is in Orlando and 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 6, 2003 services the crematory about two to three times a year. Also, the state inspects the system. He added that the life span on a crematory is about thirty years. Mr. Hass said that staff's initial concerns were the emissions and location of this facility. Mr. Young and Mr. Mosby worked with staff to alleviate those concerns. From a commercial standpoint under the regulations, this is not a use issue. Chmn Smith swore in Dr. Henry Fischer, 520 Blue Island. He is strongly opposed to this application as the abutting property, which he owns, is proposed to be residential. Hank Fischer, 755 So. Fisher Circle, was sworn in by Chmn Smith. He wanted to know if this application was approved, what safeguards were there if an odor should be emitted from site. Mr. Hass said if there were any odors coming from the crematorium it would be referred to the state health department. Mr. Blessing asked Dr. Fisher if there were any way the site could be landscaped to screen the building from his property and Dr. Fischer felt there wasn't anything acceptable to him. Mr. Mahoney requested an interpretation from Mr. Stringer if this is a suitable accessory to a funeral home. Mr. Stringer said it can be considered accessory to have a crematorium there but not a freestanding operation. Mr. AIIocco asked Mr. Hass if he had seen the state permit and Mr. Hass said he had. Essentially it is a permit that has been issued based on compliance at this point and there will be ongoing and continuing review of the air emissions to insure that performance is meeting state standards. Mr. Mahoney asked about signage and Mr. Young assured him that there would be no indication that cremation is there. Chmn Smith closed the public hearing at 7:35 p.m. MOTION by Mr. Blessing to approve the application with the condition that the exhaust fan be redirected to the north and a row of canopy trees run 25 Ft. in length with a Type A opaque tiered effect for 15 feet, as per the overlay district. As there was no second to the motion, Chmn Smith called for another motion. Mr. Stringer recommended that the application should be noticed as a conditional use so the board can table the matter for one month in order to properly advertise the legal notice for conditional use. MOTION by Barrett/Blessing "So moved." [To table for one month for the purpose of legal notification of a conditional use, the application of Seawinds Real Estate Company for a funeral home crematorium at 735 Fleming Street.] Roll Call: Mr. Faille yes Mr. Allocco no Mr. Mahoney no Chmn Smith yes Mr. Blessing yes VC Barrett yes The vote was 4-2. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 6, 2003 Bo Quasi-Judicial Public Hearing - Site Plan Review - Major Modification - Indian River RV - 1698 N. Central Avenue Chmn Smith opened the public hearing at 7:55 p.m. Mr. Randy Mosby of Mosby and Associates, 2455 14th Avenue, Vero Beach was present and sworn in by Chmn. Smith. Mr. Mosby gave a history of the site and detailed the project to bring it into compliance with the riverfront ordinances. He complimented staff on the thorough job done reviewing this plan and is available to answer any questions the board may have. Mr. Hass gave a brief description of the proposal as a 4,000 sq. ft. RV service building at the intersection of North Central and Davis. He complimented the property owners on their willingness to work with staff under the overlay district requirements. The existing row of trees on the east side of the property will offer a good buffer and it is proposed to add enhanced landscaping to comply with regulations. Staff recommends approval. Mr. Allocco asked about fire protection and was informed that sprinklers were not required. Mr. Hass said the fire department has reviewed the proposal and had no comments. Mr. Barrett noted the driveway to Davis Street was very restrictive and Mr. Mosby said it was for employees and their service vehicles only. Mr. Blessing wanted to know if there was going to be sewage pump-out. Mr. Harold Hail, 1698 N. Central was sworn in by Chmn Smith and explained that they take the vehicle to the campground and property dispose of the sewage. The waste oil is kept in barrels and a private company pumps those out as needed. Mr. Mahoney inquired about the actual function of the property. Mr. Hass explained that it has been part boat and RV storage and it was grouped under the marine sales and service portion of the code and is a conforming use. Chmn Smith closed the public hearing at 8:10 p.m. Mr. Stringer advised Chmn Smith that the interpretation for this property pre-dated their time with the commission. MOTION by Barrett/Faille 'TII make a motion to approve the application of Indian River RV, 1698 N. Central Avenue [for a maintenance/storage building]". Roll Call: Mr. Faille yes Mr. Blessing yes Chron. Smith yes Mr. AIIocco yes VC Barrett yes Mr. Mahoney no The vote was 5-1. Motion carried. CHAIRMAN MATTERS: Chmn. Smith inquired about the parapet wall and Mr. Hass knows they met with the building official but as he was not in the meeting he cannot comment on the outcome. He will check on the status. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 6, 2003 MEMBER MATTERS: Mr. Barrett asked about the status of the riverfront design modifications. Mr. Hass explained that it is on hold for now as they are working on the CRA District (Community Redevelopment Area District) which is the riverfront. He will be meeting with the consultant next week but has asked them to draft the whole document that governs the CRA district and that would be an appropriate time to re-evaluate the actual guidelines in place. Mr. Blessing requested clarification when a motion does not get a second and Mr. Stringer suggested they not discuss the application as it will be returning to them for public hearing. He did say that a motion dies without a second. Mr. Blessing questioned the process of imposing exceptions on approvals and opened discussion on changes to the code. Mr. Stringer clarified that he meant conditions instead of exceptions and Mr. Blessing agreed. Mr, Mahoney added the issue of model home signs and the interpretation of copy area. Mr. Stringer explained that the use of copy area was to help distinguish between the sign and the face of the monument stand. Mr. Hass did agree that applicants were stretching the interpretation for model home signs and would look into making modifications to the code. Mr. Mahoney asked when does the commission get involved in the annexation of Dr. Shaloub's property and Mr. Hass said as soon as they file an application after it is annexed. DIRECTOR MATTERS: Mr. Hass explained that exceptions, which staff does not do because a variance is required for that, but when conditions are made this is where a gray area appears in the code leaving room for interpretation. ATTORNEY MATTERS: None Chmn. Smith adjourned the meeting at 8:36 p.m. (I/27/03 SBL) 5