Loading...
HomeMy WebLinkAbout04012010PZ MinutesALSO PRESENT: OLD BUSINESS: NONE NEW BUSINESS: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 1, 2010 Chmn. Paul called the meeting to order at 7:05 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Dodd Mr. Simmons Mr. Paul Mr. Cardinale EXCUSED: Mr. Srinivasan ANNOUNCEMENTS: Mr. Srinivasan is excused and Mr. Durr will be voting. APPROVAL OF MINUTES: Special Meeting of 2/25/2010 Mr. Neuberger Mr. Hepler Mr. Durr Mr. Roth Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician Susan Lorusso, Recording Secretary Wayne Eseltine, Building Official Brian Nolan, Assistant Chief I.R. County Fire Marshal A. ACCESSORY STRUCTURE REVIEWS SECTION 54- 2 -7.5: 1. 110 DOUGLAS AVE 720 SF DETACHED GARAGE M/M HERSHEY 2. 769 BARBER ST 852 SF DETACHED GARAGE M/M TRYON MOTION by Dodd /Roth to approve the meeting minutes of 2/25/10. Motion was approved on roll call. George Boyd of GRB Construction presented the application for a detached garage at 110 Douglas Avenue. Ms. Bosworth reviewed the staff report. She noted that the main house has a double banding on the front and suggested the garage have the same banding. Any auxiliary driveway will require a separate driveway permit. Staff recommends approval. At this point of the meeting, City Attorney Robert Ginsburg swore in everyone who would speak on any item that will be presented before the Planning and Zoning Commission this evening. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 1, 2010 MOTION by Dodd /Simmons to approve the accessory structure for 110 Douglas Avenue with the condition that the structure contains banding to match the house. ROLL CALL: Mr. Durr yes Mr. Dodd yes Mr. Paul yes Mr. Cardinale yes Mr. Simmons yes Mr. Hepler yes Mr. Roth yes The vote was 7 -0. Motion passed unanimously. David Mahoney of Up to Code presented the application for a detached garage at 769 Barber Street. Ms. Bosworth reviewed the staff report. Due to the size of this garage it does require landscaping around the structure. The applicant has said they are going to supply 25 shrubs. There is no plan for an auxiliary driveway at this time. Mr. Simmons asked about the height of the structure. Ms. Bosworth explained that the survey submitted did not have any finished floor elevations. Based on the plans submitted, the garage would be higher than the house by one foot. There was discussion regarding the type of plants to be used for landscaping around the structure. MOTION by Dodd /Durr to approve the accessory structure for 769 Barber Street. ROLL CALL: Mr. Roth yes Mr. Dodd yes Mr. Hepler yes Mr. Durr yes Mr. Cardinale yes Mr. Simmons no Mr. Paul yes The vote was 6 -1. Motion passed. B. QUASI JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION SEAWINDS FUNERAL HOME 735 FLEMING STREET ADDITION OF 500 SF TO AN EXISTING CREMATORY Chmn. Paul asked that speakers limit their comments to five to seven minutes. Mr. Ginsburg reviewed the application from January 7, 2010 when it was first presented to and approved by this commission. The order was appealed to City Council on March 10, 2010, and had an extensive hearing. He asked Planning and Zoning Commission to incorporate everything that took place before City Council, all the testimony and exhibits there, into this record. He asked the commissioners vote to have the entire package before them. Chmn. Paul opened the quasi judicial hearing and asked for ex parte communication. There was none. Mr. Ginsburg verified that everyone wishing to speak had been sworn in earlier. He then asked the commission to consider a motion to incorporate the testimony and evidence presented to the City Council into the current record before the Planning and Zoning Commission. SO MOVED Paul /Dodd. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 1, 2010 ROLL CALL: Mr. Simmons yes Mr. Dodd yes Mr. Cardinale yes Mr. Paul yes Mr. Durr yes Mr. Hepler yes Mr. Roth yes The vote was 7 0. Motion passed unanimously. Mr. Buck Vocelle, attorney for Seawinds Funeral Home opened the presentation. He reviewed the events that lead up to the application, from the fire in November 2009, Planning and Zoning approval, the Elks appeal of that approval to City Council, and now to the rehearing tonight. He noted that Seawinds could have rebuilt the crematory exactly as it was but they requested to increase the crematory size by 500 SF and add a second cremation unit. The P &Z commission added two conditions to those recommended by staff, which were the addition of a two -hour fire wall in the chimney area and also a chimney facade because the original fire did not start in the crematory unit it started in the chimney area from radiating heat. It was determined that a two -hour fire wall could not be done. The fire department came up with an alternate plan which was surrounding the chimney area with a one -hour fire wall, which was acceptable to the fire department and additionally placing a sprinkler on the top of the chimney and one below. Mr. Vocelle said after meeting with the exalted ruler and trustees of the Elks Lodge today, there is an agreement with them. The terms of that agreement are to add the sprinklers as just discussed and the one -hour fire wall around the chimneys. In order to have the chimneys further away from the Elks lodge, we are flipping the actual crematory units inside the building so that instead of the chimneys being on the north side of the building they will now be on the south side. They would increase the chimney size from two feet above the roof to five feet above as long as it can withstand the 140 mile per hour wind code. The applicant has also agreed to install a 24 -hour monitored alarm system on the building itself. Mr. James W. Young, owner and operator of Seawinds Funeral Home, responded to Mr. Hepler's inquiry, stating that the new machine has a weight capacity of up to 800 pounds. Mr. Luis Llorens, president of US Cremation Equipment, which is the manufacturer of the new equipment, explained that the general population is larger and the new equipment follows that trend. Mr. Suarez also answered technical questions regarding the operation of the units. Brian Nolan, Indian River County Fire Rescue Assistant Chief and County Fire Marshall, described the sprinkler system proposed at the top and bottom of the chimney shafts as a high temperature sprinkler head. Randy Mosby of Mosby Smith Engineering stated that the project exceeds all codes and they have come to an agreement with their neighbors. He made himself available to answer any technical questions. Ms. King reviewed the changes on this plan which addresses the concerns of this commission, the city council, and the Elks Lodge. In conclusion staff recommends the four conditions of approval, some of which had already been taken care of and some 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 1, 2010 have been from the first hearing of Janury 7, 2010, and staff also suggests it is your choice to add the conditions that were mentioned by Mr. Vocelle which would be redesigning the interior of the building to move the crematory units as far away from the Elks building as possible which also means the stacks would be farther away, raising the stacks to a five -foot above the height of their building as opposed to three feet, and the third condition which is already on the site plan, the 24 -hour monitored alarm system. Commissioners discussed the revised floor plan, the location of garage doors, trusses, and ventilation. Asst. Chief Nolan expressed concerns with the ceiling being an enclosed space and from a fire fighting standpoint; he would prefer it be open for access. Mr. Mosby explained the ventilation system for the newer unit. He added that there is no UL rating on a 2 -hour fire rated ceiling. He went on to explain that they are isolating the roof structure from the mechanical component. Mr. Vocelle said the agreement is not a written one but they do have a court reporter present and would make it a formal agreement. Mr. Ginsburg added there will be a written agreement within the order if the commission approves the proposal with the conditions. Chmn. Paul opened the public portion and asked for anyone in favor to speak. Charles DeLauder, 831 Gladiola Avenue, Sebastian, most current past exalted ruler of the Sebastian Elks Lodge and a member of the trustees. He confirmed the meeting with Mr. Vocelle, some of the Elks trustees, the new exalted ruler and some of the members. He stated they feel the proposal that was worked out is in their best interest. He asked if there could be another condition added to not run the facility on Wednesdays during the bingo hours of 12:00 noon to 4:00 p.m. Mr. Young stated he is in agreement with that condition. Mr. Dodd questioned Mr. DeLauder if the majority of the Elks members are satisfied with the conditions if this is approved and Mr. DeLauder said they were. Chmn. Paul then asked for anyone in opposition to speak. Damien Gilliams, 1623 US Hwy 1, asked for the code that this application is filed under. Mr. Ginsburg interjected that in 2003 the applicant obtained site plan approval and now they are asking for a modification of that existing site plan for an additional 500 sq. ft. and that is what is before the commission. Mr. Gilliams also asked about the final PUD plat. Mr. Dodd read the March 6, 2003 record when the conditional use for the crematorium was approved 5 -1. Ms. Grohall added what the applicant is asking for is permission to build the additional 500 sq. ft. that is covered under the site plan review section, 54-4 18.3(b). Ms. King distributed to each commissioner and read into the record a letter of opposition from Maureen Mathewson who was unable to attend the meeting. No one else came forward to speak. Chmn. Paul closed the public hearing. Chmn. Paul asked the applicant to come forward to respond to questions made and be available for other questions from the commission. Mr. Vocelle said there have been no objections from the townhouse community proposed to the east. The attorney for the 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 1, 2010 Elks Lodge, Leon Nichols was present when Mr. Vocelle and the applicant met with the members and presented the added conditions. Ms. Grohall stated staff recommends approval with the four conditions noted in the staff report and the additional conditions discussed. Mr. Ginsburg read all the conditions as follows: 1. Provide St. Johns River Water Management District Permit, or letter of exemption. 2. Comply with Department of Health comments regarding DEP Air Emissions permit. 3. Final plat approval by City Council before a Certificate of Completion is issued for the crematorium by the Building Department. 4. Provide 2 -hour fire -rated walls and two 1 -hour fire -rated exhaust shafts with two sprinkler heads in each shaft: one sprinkler head shall be installed at the top of each shaft and one sprinkler head shall be installed toward the bottom portion of each shaft 5. Provide a fire alarm system with 24- hour /day monitoring. 6. Provide chimney stacks constructed 5 feet above the building, if the same can be constructed to withstand a 140 mph wind load; the chimney stacks shall be constructed on the South side of the building; an additional garage door shall be installed on the South side of the building; and the new retorts shall be relocated to the South side of the building's interior. 7. No cremations shall take place on Wednesdays between 12:00 noon and 4:00 p.m. Commissioners gave final comments. Mr. Durr felt everything was in order. Mr. Dodd said he did not agree with the 2003 decision to move the building location from the south corner to the north corner of the site. Mr. Neuberger expressed concern about the specifications on the units, the sprinkler system and shafts to be installed. Mr. Nolan responded that the fire sprinkler company will be working with the engineer to present plans to the contractors constructing the building. He added when the plans are submitted to the Fire Department for review, the Fire Department will ensure that the sprinkler system meets NFPA 13 requirements for the installation. Answering Chmn. Paul's question about the final plat, Ms. Grohall said staff has received the final plat. She added that the final plat has been reviewed and approved by staff and is ready to move forward to city council. She also stated that the building cannot receive a Certificate of Completion without the final plat approval from city council, which is outlined in condition number 3. With no other comments from commissioners, Chmn. Paul called for a motion. MOTION by Simmons /Durr to approve the site plan minor modification by Seawinds Funeral Home, 735 Fleming Street, for a 500 SF addition to an existing crematorium with the conditions as read by Mr. Ginsburg and noted above: 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 1, 2010 Mr. Simmons commented that there would not be any Planning and Zoning approval required if the applicant rebuilt exactly what was there however, by allowing them to increase the size and requiring the additional safety equipment, the sprinklers, the monitoring system, the fire rated wall, exhaust shaft, etc. represents a much needed improvement over replacing what was there. Mr. Paul asked Mr. Llorens what the heat around the actual unit would be. He replied ambient to 100 degrees. ROLL CALL: Mr. Roth yes Mr. Cardinale no Mr. Paul yes Mr. Dodd yes Mr. Hepler no Mr. Simmons yes Mr. Durr yes The vote was 5 -2. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Hepler asked for the Barber Street project status. Ms. Grohall said construction is due to start April 12 Phase I, the area between CR 512 and Tulip St. It then gradually would move south. Mr. Dodd complimented everyone, especially staff, involved in the workshop the previous week. Mr. Roth expressed his pleasure being on the commission and also complimented the growth management staff for their knowledge, assistance and teamwork. Mr. Simmons stated his agreement with the previous comments. DIRECTOR MATTERS: Ms. Grohall informed the commission on upcoming workshops; CRA workshop on April 7 at 5:30 p.m. in council chambers where they will be discussing the CRA master plan. The second workshop is a City Council workshop on Wednesday, April 28 at 6:30 p.m. where they may be discussing the park and recreation impact funds. ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 9:30 p.m. (4/05/10 sbl) 6