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HomeMy WebLinkAbout11072002 CITY OF SEBASTIAN PLANN NG AND ZONING COMMISS ON MINUTES OF REGULAR MEETING NOVEMBER 7, 2002 Chairman Barrett called the meeting to order at 7:01 P.M. The Pled~ge of Allegiance was said. ROLL CALL: PRESENT: Mr. Faille (a) Mr. Mahoney Mr. Blessing (a) Ms. Monier Chmn. Barrett VC Smith Mr. Rauth Mr. Svatik ALSO PRESENT: Tracy Hass, Growth Management Director Jan King, Growth Management Manager R/ch Stringer, City Attorney Dorri Bosworth, Secretary/Zoning Technician Susan Lorusso, Secretary ANNOUNCEMENTS: Chmn. Barrett announced that Mr. Blessing (a) would be voting in place of the vacant seat. Chmn. Barrett welcomed the newest staff member, Susan Lorusso, Growth Management Department Secretary and Planning & Zoning Commission Recording Secretary. APPROVAL OF MINUTES: (10/17/02) MOTION by Monier/Smith "I'11 make a motion we accept the meeting minutes of 10/17/02." A voice vote was taken. 7- 0, minutes approved. OLD BUSINESS: None NEW BUSINESS: A. Quasi-Judicial Itearing - Site Plan Review - Highlands Animal Hospital, Sebastian Boulevard - 9,420 Sq. Ft. New Building Mr. John H. Dean of 2116 27~ Avenue, Vero Beach, FL, architect and representing the owner was present. The Chairman swore in staff and the applicant. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 7, 2002 Mr. Dean gave a presentation of the new building which will be located to the east of the present Highlands Animal Hospital and consist of a number of exam rooms, hospital area to take care of dogs after surgery and reception area. All of the requirements have been met. The project meets drainage and parking requirements and will hook up to public water and sewer. Mr. Hass continued that last year Dr. Jutras applied for and was granted an expansion of the parking area. That parking will be used to supplement the parking requirement for the proposed use. One other issue is the permanent curb cut control. On CR 512 there are only certain lots designated for curb cuts and this site has two of those locations; one on lot 26, which is already in existence, and the other on lot 32, which will be constructed during the next phase of development. These cuts are in accordance with Indian River County's Master Curb Cut Control Plan as well as the City's Master Curb Cut Control Plan. Chmn. Barrett asked if the cross access easement has been extended or is it in the process. Mrs. King will check and noted that it will be obtained prior to the issuance of a building permit. Chmn. Barrett opened the public hearing at 7:09 p.m. A1Vilardi, 445 Georgia Blvd. was swom in. Mr. Vilardi mentioned the residential area just south of the site and was concerned about the 20 Ft. wide alley. He felt the presence of the animal hospital has been a determent to the sale ora lot he owns opposite the proposed new facility. He submitted a packet, marked 'Exhibit A' and said he can hear barking from the hospital quite often. Mr. Vilardi questioned the measures to be implemented for sound proofing the building. Sal Neglia, 461 Georgia Blvd. was sworn in. He lives down the street from the current building and hears barking. He has concerns about the boarding of dogs, sound proofing, over filled garbage barrels, decrease to property value and drainage to the alley. Lawrence Cyr, 485 Georgia Blvd. was sworn in. He lives directly behind the present animal hospital and has heard dogs barking at 3 a.m. He has called the police in the past. Chmn. Barrett asked for comments from the commission. Ms. Monier expressed concern for the neighbors and asked if'there are plans for sound proofing, if the dog kennel on the east side was enclosed and could the landscaping be more than just the minimum required. Mr. Dean said the dog area is all enclosed. He described the glass block and insulation to be used for soundproofing but was willing to investigate other ways to achieve a soundproof building and still comply with health issues. Mr. Dean agreed they would find specs on material for the walls and ceiling that would deaden sound. Mr. Rauth asked if staff knew of any problems with drainage. Mr. Hass said they have been experiencing problems along the entire corridor of the alley but this site has not contributed to the problems. This expansion will hopefully improve the system as the drainage is designed to funnel back towards the front and side of the property so as to be captured on site as opposed to being funneled off to the rear. The city is very shortly creating drainage improvements along the entire alleyway. Mr. Hass added that when the reconstruction of the alley is completed the drainage from the property adjacent to this one will no longer be permitted to flow onto the alley and will then be required to be redirected on that particular site. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 7, 2002 Mr. Svatik wanted to know if the windows in the back could open. Mr. Dean said a combination of materials would be used there. Non-opening glass block will be used in the area where the dogs are kept as well as across the back and in the operating room. The door leading to the dog walk is a steel insulated door. Mr. Svatik asked about the permitted use of boarding and Mr. Hass replied that the requirements are for the animals that are admitted for care or treatment, not for long-term boarding. It was agreed that the large air vent on the rear wall will cancel out soundproofing efforts and should be moved. Mr. Smith noted that the plans show the garbage problem will be taken care of and soundproofing is his concern. Mr. Blessing wanted to know if the proposed wood fence would be similar to the existing fence on the site and specific information on plantings to be used. He noted that the hospital will sit about 3 feet higher than the residential properties. Mr. Dean proposes a 6 Ft. high stockade fence with plantings approximately one foot off the alley. He said they would recheck with the landscape contractor and get plantings that will grow dense. Atty. Stringer informed the commission that contracts have gone out on the alley to redo it so that should relieve the drainage problem some. He also stated that kenneling of dogs is not an allowed use. Mr. Mahoney questioned if the application was an accessory to a conditional use and ifa separate application would be needed. Mr. Hass said no, the conditional use was carried over from the existing application. There was extensive discussion about soundproofing, sound measurements and compliance. Chmn. Barrett would like the commission put a condition of approval for the maximum available within construction limits of soundproofing be added. Mr. Svatik would like to have independent acoustical design and post construction testing for 80- db sound attenuation from 80 Hz to 20 KHz at a distance of 20 feet from inside east and south exterior walls. Mr. Dean agreed to bring a sound person on but would prefer to not specify numbers right now because he is not technically prepared to say what is fair. Atty. Stringer said since this is an expansion of a conditional use; you have the opportunity to modify the conditions. The level is discretionary, how loud are you looking for it to be 40 feet away. The acoustical engineer will need guidance. He suggested going with 80 dba, as suggested by Mr. Svatik but if the sound engineer says it is "out of whack" you could always modify it. Atty. Stringer also recommended, as he was not sure of the timing, that the plantings on the back line not go in until the alley is complete. MOTION by Monier/Blessing "I'11 make a motion that we approve the Highlands Animal Hospital to be built at 433 Sebastian Boulevard based on the conditions stated concerning soundproofing and based on the condition of landscaping as discussed as far as being planted and/or added to after the alley and the sound proofing test have been completed." [At the applicant's expense] Atty. Stringer noted for the record that prior conditions remain in effect from the conditional use. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 7, 2002 Chmn. Barrett added prior conditions remain in effect as condition #3, Ms. Monier agreed. Roll call: Mr. Svatik yes Mr. Mahoney yes Chmn. Barrett yes Mr. Blessing yes VC Smith yes Mr. Rauth yes Ms. Monier yes The vote was 7 - 0. Motion carried. [The public hearing was closed at 8:08 p.m.] B. Public Hearing - RECOMMENDATION TO CITY COUNCIL - Ordinance O- 02-19, LDC Text Amendment, Section 54-2-7.5 - Accessory Structures Chnm. Barrett asked if everyone had a chance to review the final version submitted by staff. There is a scribners error with the section number on the final version. There was discussion about the use of the words "similar" and "compatible" on item 7c. Chmn. Barrett complimented staff on their efforts rewriting the section so the commission can have better control over accessory structures than was present in the past. Mr. Hass noted on the last page under item 'd' a small change was made to reflect the landscaping requirements to be the same as in the 512 and riverfront overlay district requirements for foundation plantings. It is not retroactive. Chmn. Barrett opened the public hearing at 8:15 p.m. There was no public input. The hearing was closed at 8:16 p.m. MOTION BY Svatik/Rauth "I'11 recommend, make a motion that we approve the accessory structure revised ordinance as presented, final version." [Recommendation to City Council] Roll Call: Chmn Barrett yes Mr. Mahoney yes VC Smith yes Mr. Svatik yes Mr. Blessing yes Ms. Monier yes Mr. Rauth yes The vote was 7 - 0. Motion carried. C. Public Hearing -- RECOMMENDATION TO CITY COUNCIL - Ordinance O-02-18, LDC Text Addition - Telecommunication Towers Chnm. Barrett opened the public hearing at 8:18 p.m. Chmn. Barrett asked if everyone reviewed the final version and added he compliments to staff for a job well done. A typo on page 10 was noted and Chmn. Barrett said that is editorial. There was no public input. The hearing was closed at 8:20 p.m. MOTION by Svatik/Smith 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 7, 2002 'Tll make a motion we approve the final version of standards for telecommunication facilities as is." [Recommendation to City Council] There was discussion regarding maintenance of the facility and related equipment. Roll Call: Mr. Mahoney yes VC Smith Mr. Blessing yes Mr. Svatik Ms. Monier yes Mr. Rauth Chmn Barrett yes yes yes yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS: MEMBERS MATTERS: None Mr. Blessing inquired about the status of the mar parapet wall at Sebastian Retail. Mr. Hass said he would be presenting an update to City Council next week concerning that issue. They have obtained building permits and anticipate completion within the next thirty (30) days. Mr. Mahoney had questions about the inserts for the codebooks, specifically yard setbacks. Mr. Hass said the secondary front yard is now only required to have a twenty (20') foot setback. Mr. Mahoney inquired if Wachovia Bank (which is taking over First Union) applied for a pole sign perm/t. Mr. Hass said they applied to reface the existing sign. Mr. Ma_honey wanted to know the status on the building on Washington Street and Mr. Hass said it is being converted to a residence on the second floor and the first floor will be converted to offices. There was discussion regarding the development at Captain Butcher's, which was appealed to and approved at City Council. According to Mr. Hass there were modifications to the site and are working closely with staff to move forward with the construction along Jackson Street. DIRECTOR MATTERS: Mr. Hass will go before City Council next week regarding Captain Hiram's variance to attach a canopy to trees. The variance approval was conditional upon not attaching any cleats to the tree; however, they did attach to the tree one or two cleats, which will have to be removed. ATTORNEY MATTERS: Atty. Stringer noted that he received the final administrative hearing order from DCA on the Kirde rezoning closing it and dismissing the appeal against us on that. He will copy the commission on a memo stating that he will not sign off on any more contracts to do capital improvements until a capital improvement element is in place in the Comprehensive Plan. Chron. Barrett adjourned the meeting at 8:35 P.M. (11/13/o2 SBL) Fit (C PLANNING AND ZONING COMMISSION REGUI~AK MEETING OF 2-17-94 BE ~ADE SUCH AS SOUND-PROOFING THE WALLS, A HEDGE TI]AT BUFFERS THE PARKING AREA. _ _ MR. JUTRAS DISCLOSED MOR~ SPECIFICALLY WHAT SERVICES WOULD hE RENDERED IN HIS OFFICE SUCH AS, VACCINATION OF ANIMALS, TREATMENT OF SMALL A~IMAJ~S AND EXOTICS. MR. JUTRAS STATED THEE HOPE TO=MAKE IT LOOK AS PROFESSIONAL AS POSSIBLE. MH. AL VILJ~RDI OF 445 GEORGIA BOULEVARD WONDERED IF THE HEALTH DEPARTMENT PERMIT HAS BEEN OBTAINED. MR. COOPER STATED THAT A LETTER WAS RECEIVED FROM H.R.S. ADVISING WHAT WILL NEED TO BE 0ONE TO COMPLY. MR. VILARDI AJ, SO HAD CONCERNS A~OUT THE P~/~KING, M=DICAL WAST~ AND DISPOSAL OF ANIMALS. MR. COOPER STATED THAT PUBLIC INPUT IS FOR THE CONDITIONAL USE PERMIT ONLY AND THAT PARKING AND DISPOSAL OF MEDICAL WASTE AND'~NIMALS IS PART OF THE SITE PLAN, WHICH DOESN'T ALLOW PUBLIC INPUT. . MR. VILARDI ARGUED THAT THE CONDITIONAL USE CR£TFRIA IS PART OF THE SITE PLAN. MR. COOPER STATED THAT THE ATTORNEY ADVISED THAT IF THE APPLICANT MEETS THE CONDITIONAL USE PERMIT CONDITIONS THE PlaNNING AND ZONING COMMISSION IS BOUND TO APPROVE IT. THERE WAS nO FURTHER PUBLIC INPUT, PUBLIC HEARING CLOSED AT 9:00 P,M. MR. COOPER HAD CONCERNS ABOUT THE SOUND-PROOFING AND STATED THAT BASED UPON THE APPLICANTS ENGINEER THE BUILDING WILL BE ADEQUATEL~ ' SOUND-PROOFED. MR. COOPER ALSO STATED PERHAPS THE CEILING SYSTEM WILL ALSO HAVE TO BE SOUND-PROOFED. MR. JUTRAS HAS NO O~JECTIONS TO PUTTING A 5' SCREENING IN THE REAR OF THH PROPERTY. MR. FALKE MADE A MOTION TO APPROVe- THE .CONDITIONAL USE OF THE SEBASTIAN ANIMAL HOSPITAL AT 433 FELLSMEHE ROAD PROVIDING THAT THE SOUND-PROOFING IS INSTALLED ;~D 8ATISFImS THE BUILDZNG DEPARTMENT AND SCREENING IS PUT ACROSS THE BACK OF THE PROPERTY. SECONDED BY MR. GOLDSTEtN. ROLL CALL: AYES: MR. SHROYER MR. MUNSART CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FAIRE CONDITIONAL USE PERMIT APPROVED 6-0.